Government Gazette

1267

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 58 Friday,New 19 South March Wales 2004 Published under authority by the Government Printing Service OccupationalLEGISLATION Health and Safety Amendment (AccreditationRegulations and Certification) RegulationNew South Wales 2004 New South Wales Occupationalunder the Health and Safety New South Wales OccupationalAmendment Health and(Accreditation Health SafetyNew South Act Walesand 2000 Safety and AmendmentCertification) (Accreditation Regulation 2004 and Occupational Health and Safety AmendmentunderCertification) the (Accreditation Regulation 2004 and AmendmentHer Excellency the Governor, (Accreditation with the advice of the Executiveand Council, has Certification)Occupationalundermade the following Health Regulation and Regulation Safety under Act the 2000Occupational 2004 Health and Safety Certification)Act 2000. Regulation 2004 underOccupational the Health and Safety Act 2000 under the Occupational Health and Safety Act 2000 OccupationalHer Excellency theHealth Governor, and Safetywith the Act advice 2000 of the Executive Council, has madeMinister the for following Commerce Regulation under the Occupational Health and Safety HerAct 2000Excellency. the Governor, with the advice of the Executive Council, has Explanatorymade the following note Regulation under the Occupational Health and Safety TheHerAct 2000Excellency object. of this the Regulation Governor, iswith to amendthe advice the Occupationalof the Executive Health Council, and Safety has RegulationHermade Excellency the 2001 following so the as: Governor, Regulation with under the theadvice Occupational of the Executive Health Council, and Safety has JOHN(a)Actmade 2000 to theDELLA make. following provision BOSCA, Regulation with M.L.C., respect under to OHS the induction Occupational training Healthand, in particular, and Safety to MinisterActMinister 2000enable for. Commerce WorkCover to issue OHS induction training certificates and require persons carrying out construction work to be in possession of such a certificate, ExplanatoryMinisterand for Commerce note (b) to limit to 5 years the (currently unlimited) duration of a certificate of competency ExplanatoryThe object of thisnote Regulation is to amend the Occupational Health and Safety RegulationMinisterissued for 2001 underCommerce so Partas: 9.1 or 9.2 of that Regulation, and (a)The(c)Minister object to increase makefor of Commerce provision this the Regulationpenalties with thatrespect is may to to be amend OHS imposed induction the withOccupational respecttraining to and, false Health in assessments particular, and Safety ofto RegulationExplanatoryenablea person’s 2001 WorkCover notesocompetency as: to to issue carry OHS out certain induction work, training and certificates and require Explanatory note The(a)(d) objectpersons to make omit of carrying provisionsprovision this Regulation out with thatconstruction respect assign is to to specific amend workOHS to inductionthe “short be inOccupational possession descriptions” training and,of Health such to in offences particular, a andcertificate, Safety with to RegulationThe objectrespectenableand 2001 of to WorkCover this occupationalso as: Regulation to health issue is to OHSand amend safety. induction the Occupational training certificates Health and and require Safety Regulation(b)persons to limit 2001 to carrying 5so years as: outthe (currentlyconstruction unlimited) work to durationbe in possession of a certificate of such of acompetency certificate, (a)This Regulationand to make provision is made under with respectthe Occupational to OHS induction Health and training Safety and, Act in2000 particular,, including to (a)sectionenableissued to 33 make (the under WorkCover generalprovision Part power 9.1 with to or to issue9.2respect make of OHSthat regulations)to OHSRegulation, induction induction and trainingand sections training certificates 35 and, and in39. particular, and require to (c)(b)personsenable to limitincrease to WorkCovercarrying 5 the years penalties outthe to(currentlyconstruction issuethat may OHS unlimited) be work imposed induction to durationbe within training possession respect of a certificate certificates to offalse such assessmentsof acompetency and certificate, require of andapersonsissued person’s under carrying competency Part out9.1 constructionor to 9.2 carry of that out work Regulation,certain to bework, in and possession and of such a certificate, (b)(d)(c)and to limitincrease omit to provisions 5 the years penalties the that (currently that assign may unlimited) specificbe imposed “short duration with descriptions” respect of a certificate to false to assessmentsof offences competency with of (b)issuedrespecta to person’s limit under to 5 occupationalcompetency years Part the9.1 (currentlyor tohealth 9.2 carry of andthat unlimited)out safety. Regulation,certain duration work, and and of a certificate of competency (c)(d)issued to increase omit under provisions the Part penalties 9.1 that or that9.2 assign ofmay that specificbe Regulation, imposed “short with and descriptions” respect to false to assessments offences with of This Regulationrespect to isoccupational made under health the Occupational and safety. Health and Safety Act 2000, including (c)sectiona to 33 person’s increase (the general competencythe penalties power to that makecarry may outregulations) be certain imposed work, and with sectionsand respect 35to falseand 39. assessments of This Regulationa person’s is competency made under to the carry Occupational out certain Health work, and Safety Act 2000, including s03-778-03.p01(d) to omit provisions that assign specific “short descriptions” to offences with (d)sectionrespect to 33 omit (the to general provisions occupational power that tohealth assignmake and regulations) specific safety. “short and descriptions”sections 35 and to 39. offencesPage with 1 respect to occupational health and safety. This Regulation is made under the Occupational Health and Safety Act 2000, including Thissection Regulation 33 (the general is made power under to the make Occupational regulations) Health and sections and Safety 35 Actand 200039. , including section 33 (the general power to make regulations) and sections 35 and 39.

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C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am 1268 LEGISLATION 19 March 2004 19 March 2004 LEGISLATION 1269

Occupational Health and Safety Amendment (Accreditation and Clause 1 Certification) Regulation 2004

Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004 under the Occupational Health and Safety Act 2000

1 Name of Regulation This Regulation is the Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004.

2 Commencement This Regulation commences on 29 March 2004.

3 Amendment of Occupational Health and Safety Regulation 2001 The Occupational Health and Safety Regulation 2001 is amended as set out in Schedule 1.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

Schedule 1 Amendments (Clause 3) [1] Clause 212 Definitions Insert in alphabetical order: OHS induction training certificate means a certificate under clause 220A that has been issued to a person whom WorkCover is satisfied has completed the general health and safety induction training referred to in clause 217. [2] Clause 213 Principal contractors to ensure that OHS induction training undertaken Insert after clause 213 (1): (1A) The only evidence on the basis of which a principal contractor may be satisfied that a person has completed the general health and safety induction training referred to in clause 217 is production by the person of a current OHS induction training certificate. (1B) Subclause (1A) does not apply until 29 March 2006 in relation to a person who has undergone the general health and safety induction training prior to 29 March 2004. [3] Clause 214 Employers to ensure OHS induction training undertaken Omit “is” from clause 214 (1). Insert instead “has been”. [4] Clause 214 (1A) and (1B) Insert after clause 214 (1): (1A) The only evidence on the basis of which an employer may be satisfied that an employee has completed the general health and safety induction training referred to in clause 217 is production by the employee of a current OHS induction training certificate. (1B) Subclause (1A) does not apply until 29 March 2006 in relation to an employee who has undergone the general health and safety induction training prior to 29 March 2004.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

[5] Clause 215A Insert after clause 215:

215A Holder of OHS induction training certificate to produce certificate (1) An inspector may direct a person carrying out construction work to produce for inspection immediately: (a) the person’s OHS induction training certificate, and (b) a sample of the person’s usual signature. (2) A person to whom such a direction is given must not fail to comply with the direction. Maximum penalty: Level 1. (3) Until 29 March 2006, it is sufficient compliance with subclause (2) if the person concerned satisfies the inspector that the person has undergone the general health and safety induction training referred to in clause 217 prior to 29 March 2004. [6] Clause 217 General health and safety induction training Insert “by WorkCover or” after “developed” in clause 217 (c). [7] Clause 217 (d) Omit the paragraph. Insert instead: (d) be conducted by: (i) a person who has been accredited by WorkCover to conduct such training, or (ii) a person who is employed by an organisation approved by WorkCover to provide such training and who has a Certificate IV in Workplace Assessment and Training issued by a registered education or training provider (or a document from such a provider stating that the person has an equivalent qualification).

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

[8] Clause 217 (2) Insert at the end of clause 217: (2) Until 29 March 2005, a Statement of Attainment in Train Small Groups has, for the purposes of subclause (1) (d) (ii), the same effect as a Certificate IV in Workplace Assessment and Training. [9] Clause 217A Insert after clause 217:

217A Accreditation of individuals to conduct OHS induction training (1) An application by an individual to be accredited to provide OHS induction training: (a) is to be in the form, and accompanied by the particulars, approved by WorkCover, and (b) is to be accompanied by such application fee as WorkCover determines to cover the expenses in dealing with the application. (2) WorkCover may approve an application for accreditation (with or without conditions) or may refuse the application for such reason as it considers sufficient. (3) WorkCover may suspend or cancel the accreditation of a person who is accredited to provide OHS induction training if it is satisfied that: (a) the person is no longer competent to conduct the training for which the person is an accredited person, or (b) the person has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law or any regulation under a corresponding law, or (c) the person was accredited on the basis of false or misleading information or a failure to disclose or provide required information, or (d) the person has contravened the conditions of his or her accreditation or a guideline relating to the provision of OHS induction training, or

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Schedule 1 Amendments

(e) the person has had his or her accreditation as an assessor suspended or cancelled under clause 287, or has had his or her approval as a Premium Discount Advisor suspended or cancelled under the regulations under the Workers Compensation Act 1987, for reasons of a kind referred to in paragraph (b), (c) or (d). (4) Before suspending or cancelling a person’s accreditation, WorkCover: (a) must cause written notice of the proposed suspension or cancellation to be given to the person, and (b) must give the person a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and (c) must have regard to any representations so made. (5) If, after having regard to any representations made by the person, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the person a written notice: (a) stating that the accreditation is suspended or cancelled, and (b) in the case of a suspension, specifying the period for which the accreditation is suspended, and (c) giving reasons for the suspension or cancellation. (6) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the person or such later date as may be specified in the notice. (7) Any person who, before the commencement of this clause, was accredited by WorkCover to provide OHS induction training is taken to have been accredited under this clause. [10] Clause 220 Statements of OHS induction training Omit “or (b)” wherever occurring.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

[11] Clause 220 (1) Omit “who has undergone the training to the satisfaction of the person conducting the training”. Insert instead “who has, in the opinion of the person conducting the training, completed the training in accordance with the relevant guidelines issued by WorkCover”. [12] Clause 220 (1A), (1B), (1C) and (1D) Insert after clause 220 (1): (1A) Within 7 days after a person issues a statement of OHS induction training under this clause, the person must cause notice of that fact to be given to WorkCover so as to enable WorkCover to issue the person to whom the statement has been issued with an OHS induction training certificate. Maximum penalty: Level 1. (1B) During the period of 30 days after a statement of OHS induction training is issued under his clause, the person to whom it is issued is, for the purposes of clauses 213, 214 and 215A, taken to hold an OHS induction training certificate and the statement is, for those purposes, taken to be such a certificate. (1C) WorkCover may issue guidelines: (a) for the provision of OHS induction training, and (b) for the issue of statements of OHS induction training under this clause. (1D) A person providing OHS induction training must not: (a) provide any such training otherwise than in accordance with any guidelines issued under this clause, or (b) issue a statement of OHS induction training under this clause without having provided any such training, or (c) issue a statement of OHS induction training under this clause without the person having completed the training. Maximum penalty: Level 2.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Schedule 1 Amendments

[13] Clauses 220A, 220B and 220C Insert after clause 220:

220A OHS induction training certificates (1) WorkCover may issue an OHS induction training certificate to any person whom it is satisfied has completed the general health and safety training referred to in clause 217, whether on the basis of a statement of OHS induction training issued under clause 220 or otherwise. (2) An OHS induction training certificate is of unlimited duration.

220B Replacement of lost, stolen, damaged or destroyed OHS induction training certificates (1) The holder of an OHS induction training certificate that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement certificate. (2) The application: (a) must be in the approved form, and (b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the certificate was lost, stolen, damaged or destroyed, and (c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement certificates. (3) WorkCover may issue a replacement certificate if satisfied that the applicant’s OHS induction training certificate has been lost, stolen, damaged or destroyed. (4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant. (5) The holder of an OHS induction training certificate that is replaced under this clause: (a) must surrender the original certificate if it is recovered, or

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

(b) in the case of a damaged certificate that is replaced, must surrender the damaged certificate. Maximum penalty (subclause (5)): Level 1.

220C Cancellation of OHS induction training certificates (1) WorkCover may cancel an OHS induction training certificate if satisfied that the certificate was obtained on the basis of false or misleading information or a failure to disclose or provide required information. (2) Before cancelling an OHS induction training certificate, WorkCover: (a) must cause written notice of the proposed cancellation to be given to the holder of the certificate, and (b) must give the holder of the certificate a reasonable opportunity to make representations to WorkCover in relation to the proposed cancellation, and (c) must have regard to any representations so made. (3) If, after having regard to any representations made by the holder of the certificate, WorkCover decides to proceed with the proposed cancellation, WorkCover must give to the holder a written notice: (a) stating that the certificate is cancelled, and (b) giving reasons for the cancellation. (4) The cancellation takes effect on the date on which notice of the cancellation is given to the holder of the certificate or such later date as may be specified in the notice. [14] Clause 221 Certain construction work before 1 April 1999 taken to be training Omit the clause. [15] Clause 222 Lapsing of currency of OHS training and OHS training statements Omit clause 222 (1) (b). [16] Clause 279 Assessors Omit clause 279 (d).

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Schedule 1 Amendments

[17] Clause 281 Assessment of competency Omit clause 281 (1). [18] Clause 281 (3) Omit “Level 2”. Insert instead “Level 4”. [19] Clause 287 Suspension and cancellation of accreditation Insert at the end of clause 287 (1): , or (e) the person has had his or her accreditation to conduct OHS induction training suspended or cancelled under clause 217A, or has had his or her approval as a Premium Discount Advisor suspended or cancelled under the regulations under the Workers Compensation Act 1987, for reasons of a kind referred to in paragraph (b), (c) or (d). [20] Clause 287A Insert after clause 287:

287A Immediate suspension (1) An inspector may, by written notice served on the holder of a certificate of accreditation, immediately suspend the certificate for a period of up to 10 days if the inspector has a reasonable concern about: (a) the holder’s integrity, or (b) the holder’s competency to exercise the functions of an assessor, or (2) The notice of suspension: (a) must specify the period for which the certificate is suspended, and (b) must give reasons for the suspension, and (c) must state that the holder of the certificate may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the certificate of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained. [21] Clause 293 Term of certificates Omit clause 293 (1). Insert instead: (1) Unless sooner cancelled: (a) a certificate of competency issued after the commencement of this subclause (including a certificate renewed under clause 293A) expires at the end of 5 years from its date of issue, and (b) subject to subclause (1A), a certificate of competency in force at the commencement of this clause expires at the end of 29 March 2009. (1A) The Minister may, by order published in the Gazette, postpone the expiry date of a certificate of competency referred to in subclause (1) (b), or of any class of such certificates, to such later date as is specified in the order. [22] Clause 293A Insert after clause 293:

293A Renewal of certificates WorkCover may renew a certificate of competency if satisfied that the holder of the certificate remains competent to hold such a certificate. [23] Clause 296 (5) Insert after clause 296 (4): (5) To remove any doubt, WorkCover may suspend or cancel a certificate of competency on grounds arising wholly or partly outside New South Wales.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Schedule 1 Amendments

[24] Clause 311 Term of certificates Omit clause 311 (1). Insert instead: (1) Unless sooner cancelled: (a) a certificate of competency issued after the commencement of this subclause (including a certificate renewed under clause 311A) expires at the end of 5 years from its date of issue, and (b) subject to subclause (1A), a certificate of competency in force at the commencement of this clause expires at the end of 29 March 2009. (1A) The Minister may, by order published in the Gazette, postpone the expiry date of a certificate of competency referred to in subclause (1) (b), or of any class of such certificates, to such later date as is specified in the order. [25] Clause 311A Insert after clause 311:

311A Renewal of certificates WorkCover may renew a certificate of competency if satisfied that the holder of the certificate remains competent to hold such a certificate. [26] Clause 355 Short descriptions of offences Omit the clause. [27] Clause 356 False or misleading information in applications Insert “8,” after “5,” in clause 356 (2) (a). [28] Schedule 2 Penalty notices Omit Columns 3 and 4.

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Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004

Amendments Schedule 1

[29] Schedule 2 Insert after the matter relating to clause 215 (2) (b):

Clause 220 (1A) 200

Clause 220 (1D) 600

[30] Schedule 2 Omit “200” wherever occurring in Column 2 of the matter relating to clause 220 (1) and (2). Insert instead “600”. [31] Schedule 2 Insert after the matter relating to clause 270 (3):

Clause 281 (3) 1,000

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Orders

New South Wales

First State Superannuation (Health Services Union) Order 2004

under the First State Superannuation Act 1992

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 7 of the First State Superannuation Act 1992, make the following Order. Dated,Dated, this 17th day of Marchday of 2004. 2004. By Her Excellency’s Command,

JOHN DELLA BOSCA, M.L.C., Special Minister ofof StateState Explanatory note The object of this Order is to remove the Health and Research Employees’ Association of New South Wales from the list of employers in Schedule 1 to the First State Superannuation Act 1992 and to replace it with the Health Services Union. This amendment is taken to have commenced on 1 October 2003 and is to reflect a change of name that occurred on that date. This Order is made under section 7 of the First State Superannuation Act 1992.

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Clause 1 First State Superannuation (Health Services Union) Order 2004

First State Superannuation (Health Services Union) Order 2004 under the First State Superannuation Act 1992

1 Name of Order This Order is the First State Superannuation (Health Services Union) Order 2004.

2 Commencement This Order is taken to have commenced on 1 October 2003.

3 Amendment of First State Superannuation Act 1992 No 100 The First State Superannuation Act 1992 is amended as set out in Schedule 1.

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First State Superannuation (Health Services Union) Order 2004

Amendment Schedule 1

Schedule 1 Amendment (Clause 3)

Schedule 1 Employers Omit: Health and Research Employees’ Association of New South Wales Insert instead: Health Services Union, being the authority registered under that name on 1 October 2003 as a State industrial organisation of employees under Chapter 5 of the Industrial Relations Act 1996

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New South Wales

State Authorities Superannuation (Health Services Union) Order 2004

under the State Authorities Superannuation Act 1987

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 46 of the State Authorities Superannuation Act 1987, make the following Order. Dated,Dated, this 17th day of Marchday of 2004. 2004. By Her Excellency’s Command,

JOHN DELLA BOSCA, M.L.C., SpecialSpecial Minister ofof StateState Explanatory note The object of this Order is to remove the Health and Research Employees’ Association of New South Wales from the list of employers in Schedule 1 to the State Authorities Superannuation Act 1987 and to replace it with the Health Services Union. This amendment is taken to have commenced on 1 October 2003 and is to reflect a change of name that occurred on that date. This Order is made under section 46 of the State Authorities Superannuation Act 1987.

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Clause 1 State Authorities Superannuation (Health Services Union) Order 2004

State Authorities Superannuation (Health Services Union) Order 2004 under the State Authorities Superannuation Act 1987

1 Name of Order This Order is the State Authorities Superannuation (Health Services Union) Order 2004.

2 Commencement This Order is taken to have commenced on 1 October 2003.

3 Amendment of State Authorities Superannuation Act 1987 No 211 The State Authorities Superannuation Act 1987 is amended as set out in Schedule 1.

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State Authorities Superannuation (Health Services Union) Order 2004

Amendment Schedule 1

Schedule 1 Amendment (Clause 3)

Schedule 1 Employers Omit from Part 1: Health and Research Employees’ Association of New South Wales Insert instead: Health Services Union, being the authority registered under that name on 1 October 2003 as a State industrial organisation of employees under Chapter 5 of the Industrial Relations Act 1996

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New South Wales

State Authorities Non-contributory Superannuation (Health Services Union) Order 2004

under the State Authorities Non-contributory Superannuation Act 1987

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 27 of the State Authorities Non-contributory Superannuation Act 1987, make the following Order. Dated, thisthis 17th day of Marchday of 2004. 2004. By Her Excellency’s Command,

JOHN DELLA BOSCA, M.L.C., SpecialSpecial Minister ofof StateState Explanatory note The object of this Order is to remove the Health and Research Employees’ Association of New South Wales from the list of employers in Schedule 1 to the State Authorities Non-contributory Superannuation Act 1987 and to replace it with the Health Services Union. This amendment is taken to have commenced on 1 October 2003 and is to reflect a change of name that occurred on that date. This Order is made under section 27 of the State Authorities Non-contributory Superannuation Act 1987.

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State Authorities Non-contributory Superannuation (Health Services Union) Clause 1 Order 2004

State Authorities Non-contributory Superannuation (Health Services Union) Order 2004 under the State Authorities Non-contributory Superannuation Act 1987

1 Name of Order This Order is the State Authorities Non-contributory Superannuation (Health Services Union) Order 2004.

2 Commencement This Order is taken to have commenced on 1 October 2003.

3 Amendment of State Authorities Non-contributory Superannuation Act 1987 No 212 The State Authorities Non-contributory Superannuation Act 1987 is amended as set out in Schedule 1.

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State Authorities Non-contributory Superannuation (Health Services Union) Order 2004

Amendment Schedule 1

Schedule 1 Amendment (Clause 3)

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ABORIGINAL LAND RIGHTS ACT 1983 in section 52(1) of the Act, and any other duties as specified by the agreed terms of appointment. The Administrator’s NOTICE remuneration is not to exceed $33,000.00 dollars. I, the Honourable Andrew Refshauge MP, Minister for Aboriginal Affairs, following approval by the New South Signed and sealed this 17th day of March 2004. Wales Aboriginal Land Council, do, by this notice pursuant to section 222(1) of the Aboriginal Land Rights Act 1983 ANDREW REFSHAUGE, M.P., (the Act), appoint Mr Andrew Hoholt as Administrator to Minister for Aboriginal Affairs the Birpai Local Aboriginal Land Council for a maximum period of six (6) calendar months. During the period of his appointment, the Administrator will have all of the GOD SAVE THE QUEEN functions of a Local Aboriginal Land Council as specified in section 52(1) of the Act, and any other duties as specified by the agreed terms of appointment. The Administrator’s remuneration is not to exceed $33,000.00 dollars. ABORIGINAL LAND RIGHTS ACT 1983 Signed and Sealed this 17th DAY OF March 2004. NOTICE ANDREW REFSHAUGE, M.P., I, the Honourable Andrew Refshauge MP, Minister for Minister for Aboriginal Affairs Aboriginal Affairs, following approval by the New South Wales Aboriginal Land Council, do, by this notice pursuant GOD SAVE THE QUEEN to section 222(1) of the Aboriginal Land Rights Act 1983 (the Act), appoint Mr Andrew Hoholt as Administrator to the Thungutti Local Aboriginal Land Council for a maximum period of six (6) calendar months. During the period of ABORIGINAL LAND RIGHTS ACT 1983 his appointment, the Administrator will have all of the NOTICE functions of a Local Aboriginal Land Council as specified in section 52(1) of the Act, and any other duties as specified I, the Honourable Andrew Refshauge MP, Minister for by the agreed terms of appointment. The Administrator’s Aboriginal Affairs, following approval by the New South remuneration is not to exceed $33,000.00 dollars. Wales Aboriginal Land Council, do, by this notice pursuant to section 222(1) of the Aboriginal Land Rights Act 1983 Signed and sealed this 17th day of March 2004. (the Act), appoint Mr Andrew Hoholt as Administrator to the Thungutti Local Aboriginal Land Council for a maximum ANDREW REFSHAUGE, M.P., period of six (6) calendar months. During the period of Minister for Aboriginal Affairs his appointment, the Administrator will have all of the functions of a Local Aboriginal Land Council as specified in section 52(1) of the Act, and any other duties as specified GOD SAVE THE QUEEN by the agreed terms of appointment. The Administrator’s remuneration is not to exceed $33,000.00 dollars. Signed and sealed this 17th day of March 2004. The Cabinet Office, Sydney ANDREW REFSHAUGE, M.P., Minister for Aboriginal Affairs 17 March 2004

GOD SAVE THE QUEEN CONSTITUTION ACT, 1902 Ministerial arrangements during the absence from duty of the premier, Minister for the Arts, and Minister for Citizenship ABORIGINAL LAND RIGHTS ACT 1983 PURSUANT to section 36 of the Constitution Act, 1902, Her NOTICE Excellency the Governor, with the advice of the Executive I, the Honourable Andrew Refshauge MP, Minister for Council, has authorised the Honourable AJ Refshauge MP, Aboriginal Affairs, following approval by the New South Deputy Premier, Minister for Education and Training, and Wales Aboriginal Land Council, do, by this notice pursuant Minister for Aboriginal Affairs, to act for and on behalf of to section 222(1) of the Aboriginal Land Rights Act 1983 the Premier, as on and from 18 March 2004, with a view to (the Act), appoint Mr Andrew Hoholt as Administrator to him performing the duties of the office of the Premier, during the Birpai Local Aboriginal Land Council for a maximum my absence from duty. period of six (6) calendar months. During the period of his appointment, the Administrator will have all of the BOB CARR, functions of a Local Aboriginal Land Council as specified Premier

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1290 OFFICIAL NOTICES 19 March 2004

COMMUNITY RELATIONS COMMISSION POLICE REGULATION (SUPERANNUATION) AND PRICIPLES OF MULTICULTURISM ACT ACT 1906 2000 Appointment of Members and Deputies for Members of Appointment of part-time member the Police Superannuation Advisory Committee HER Excellency the Governor, with the advice of the Erratum Executive Council and pursuant to section 7 of the Community THE Police Regulation (Superannuation) Act 1966, Relations Commission and Principles of Multiculturalism Appointment of Members and Deputies for Members of the Act 2000, has appointed Ms Margaret Kama as a part-time Police Superannuation Advisory Committee published in the Commissioner of the Community Relations Commission for Government Gazette on 19 September 2003 No. 145 page a term of two years from date of approval. 9428 contained an incorrect spelling. BOB CARR, M.P., The name Premier and Minister for Citizenship "Mr Mark Gilcrest"

COMMUNITY RELATIONS COMMISSION should have read AND PRICIPLES OF MULTICULTURISM ACT "Mr Mark Gilchrist" 2000 This erratum now corrects that error. Appointment of part-time member HER Excellency the Governor, with the advice of the Executive Council and pursuant to section 7 of the Community Relations Commission and Principles of Multiculturalism Act 2000, has appointed Mr Benny Peng as a part-time Commissioner of the Community Relations Commission for a term of one year from date of approval. BOB CARR, M.P., Premier and Minister for Citizenship

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 19 March 2004 OFFICIAL NOTICES 1291 Department of Infrastructure, Planning and Natural Resources

Infrastructure and Planning

New South Wales

Fairfield Local Environmental Plan 1994 (Amendment No 95)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00437/S69)

DIANE BEAMER, M.P., Minister Assisting thethe Minister Minister for for Infrastructure Infrastructure and Planning (Planning(Planning Administration) Administration)

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Clause 1 Fairfield Local Environmental Plan 1994 (Amendment No 95)

Fairfield Local Environmental Plan 1994 (Amendment No 95) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Fairfield Local Environmental Plan 1994 (Amendment No 95).

2 Aims of plan The aim of this plan is to reclassify the land to which this plan applies (being public land) from community land to operational land within the meaning of the Local Government Act 1993.

3 Land to which plan applies This plan applies to Lot 1, DP 561442, Smithfield Road, Smithfield, and known as McCarthy Memorial Park, as shown edged heavy black on the map marked “Fairfield Land Classification Map— Amendment No 20” deposited in the office of the Fairfield City Council.

4 Amendment of Fairfield Local Environmental Plan 1994 Fairfield Local Environmental Plan 1994 is amended by inserting in appropriate order in Part 2 of Schedule 3 the following words: Lot 1, DP 561442, Smithfield Road, Smithfield, as shown edged heavy black on the map marked “Fairfield Land Classification Map—Amendment No 20” is classified as operational land.

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New South Wales

Lake Macquarie Local Environmental Plan 2004

under the Environmental Planning and Assessment Act 1979

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning(Planning Administration) Administration)

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Lake Macquarie Local Environmental Plan 2004

Contents Page Part 1 Preliminary 1 Name of plan 5 2 Land to which plan applies 5 3 Objective of plan 5 4 Consent authority 5 5 Relationship to other environmental planning instruments 6 6 Use of explanatory notes 6 7 Definitions 6 8 Exempt development 6 9 Complying development 6 10 Development by public authorities 7 11 Determination of pending development applications 7 Part 2 Lifestyle 2020 Strategy—vision, values and aims 12 Vision 8 13 Values 8 14 Aims 8 Part 3 General controls for land within zones 15 General controls for land within zones 10 Part 4 Special provisions applying to all land 16 Development consent—matters for consideration 34 17 Provision of essential infrastructure 34 18 Temporary development of land 34 19 Development for the purpose of a mine 35 20 Suspension of covenants, agreements or instruments 35 21 Development the subject of SEPP 1 application 35 Part 5 Special controls for protection of the environment or for particular land 22 Foreshore building lines 37 23 Foreshore development and development below DP high water mark 38 24 Subdivision 38 25 Demolition 39 26 Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10 39

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Lake Macquarie Local Environmental Plan 2004

Contents

Page 27 Dwelling houses and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5) 40 28 Dwelling houses on South Wallarah Peninsula in Zone 7 (1) 41 29 Building heights 41 30 Control of pollution 41 31 Erosion and sediment control 41 32 Flood prone land 42 33 Bush fire considerations 43 34 Trees and native vegetation 43 35 Acid sulfate soils 45 36 Mixed use development 47 37 Unzoned land 47 38 Advertising structures and signs 48 39 Additional development allowed on certain land 48 40 Development for the purpose of agriculture on land in Zone 7 (2) 48 41 Development for the purpose of retirement villages 49 42 Consent to development subject to special requirements 50 Part 6 Heritage provisions 43 Objective 51 44 Protection of heritage items and heritage conservation areas 51 45 Development consent is not required 52 46 Cemetery or burial grounds 52 47 Assessment of heritage significance 52 48 Development requiring notification 53 49 Notice of demolition to Heritage Council 54 50 Development affecting places or sites of known or potential Aboriginal heritage significance 54 51 Development affecting known or potential archaeological sites or relics of European heritage significance 55 52 Development in vicinity of a heritage item 55 53 Conservation incentives 56 54 Development in heritage conservation areas 57 Part 7 Administrative provisions 55 Acquisition of land required for community purposes 58 56 Interim development of land required for community purposes 58 57 Acquisition of land required for State roads 59 58 Concurrence of RTA for interim development of land required for State roads 59

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Lake Macquarie Local Environmental Plan 2004

Contents

Page 59 Acquisition of coastal land 60 60 Development on land adjoining Zones 5, 7 (1) and 8 61 61 Reclassification of community land 61 Schedule 1 Exempt development 63 Schedule 2 Subdivision standards 92 Schedule 3 Reclassification of community land as operational land 97 Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites 98 Schedule 5 Natural heritage items 118 Schedule 6 Places or potential places of Aboriginal heritage significance 119 Schedule 7 Additional development allowed on certain land 120 Schedule 8 Land subject to special development requirements 123 Schedule 9 Consent to development subject to special requirements 126 Schedule 10 Development by public authorities 127

Dictionary 131

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Lake Macquarie Local Environmental Plan 2004 Clause 1

Preliminary Part 1

Lake Macquarie Local Environmental Plan 2004 under the Environmental Planning and Assessment Act 1979

Part 1 Preliminary

1 Name of plan This plan is Lake Macquarie Local Environmental Plan 2004.

2 Land to which plan applies (1) This plan applies to all land within the local government area of Lake Macquarie City, except as provided by subclause (2). (2) This plan does not apply to land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies or to any land shown as “Deferred” on the map.

3 Objective of plan The objective of this plan is to achieve development of land to which this plan applies that is in accordance with the principles of ecologically sustainable development by: (a) promoting balanced development of that land, and (b) implementing the Lifestyle 2020 Strategy adopted by the Council on 27 March 2000.

4 Consent authority The Council is the consent authority for the purposes of this plan, subject to the Act.

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Clause 5 Lake Macquarie Local Environmental Plan 2004

Part 1 Preliminary

5 Relationship to other environmental planning instruments (1) All local environmental plans (including Lake Macquarie Local Environmental Plan 1984) that applied to land to which this plan applies immediately before the appointed day are repealed. (2) This plan amends State Environmental Planning Policy No 4— Development Without Consent and Miscellaneous Exempt and Complying Development by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10): Lake Macquarie City local government area (3) The Hunter Regional Environmental Plan 1989 (Heritage) does not apply to land to which this plan applies.

6 Use of explanatory notes Explanatory notes in this plan, including any notes within boxes, do not form part of this plan and are provided to assist understanding.

7 Definitions (1) Words defined in the Dictionary at the end of this plan have the meanings set out in the Dictionary. (2) In this plan, a reference to: (a) a map, is a reference to a map held at the office of the Council, and (b) land within a zone, is a reference to land shown on the map as being within that zone.

8 Exempt development Development meeting the criteria for exempt development in Schedule 1, being development of minimal environmental impact, is exempt development for the purposes of the Act.

9 Complying development Local development that complies with the standards and any other requirements specified for the development in Lake Macquarie Development Control Plan No 2—Complying Development, as approved by the Council on 1 September 2003, is complying development for the purposes of the Act.

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Lake Macquarie Local Environmental Plan 2004 Clause 10

Preliminary Part 1

10 Development by public authorities Despite other provisions of this plan, the following are allowed on land to which this plan applies without consent: (a) the use of existing buildings of the Crown by the Crown, and (b) activities specified in Schedule 10.

11 Determination of pending development applications (1) Any development application lodged but not finally determined prior to the commencement of this plan is to be determined as if this plan had been exhibited under the Act but had not been made. (2) Development control plans as in force immediately before the commencement of this plan are to be taken into consideration by the consent authority in determining any such development application.

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Clause 12 Lake Macquarie Local Environmental Plan 2004

Part 2 Lifestyle 2020 Strategy—vision, values and aims

12 Vision The vision for land to which this plan applies is described in the Lifestyle 2020 Strategy, which is available from the office of the Council.

13 Values The 4 core values of that strategy are sustainability, equity, efficiency and liveability.

14 Aims The aims of the Lifestyle 2020 Strategy are to: (a) provide the community with realistic expectations about the future development patterns for land in Lake Macquarie City, while retaining flexibility for land use decision making in the longer term, and (b) reinforce and strengthen centres so that a wide range of commercial and community services may be provided in a timely and accessible manner, and (c) provide local employment opportunities for residents and promote economic development consistent with the City’s natural, locational and community resources, and (d) guide the development of urban communities that are compact, distinct and diverse and include a range of housing types and activities, and (e) achieve a strong sense of positive community identity, through the development of local communities that are safe and liveable and offer a diversity of uses, economic opportunities and ready access to services, and (f) develop an attractive urban setting for the City which reflects its physical and natural environment, and visual character, and (g) manage the City’s natural environment so that its ecological functions and biological diversity are conserved and enhanced, and contribute to the City’s overall well being, and

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Lake Macquarie Local Environmental Plan 2004 Clause 14

Lifestyle 2020 Strategy—vision, values and aims Part 2

(h) manage the City’s heritage and economic resources in a way that protects the value of these resources and enhances the City’s character, and (i) integrate land use with the efficient provision of public and private movement systems.

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

15 General controls for land within zones Except as provided otherwise by this plan, the following Table shows for land within each zone: (a) the development that may be carried out in the zone without development consent under the heading “Without development consent”, and (b) the development that may be carried out in the zone only with development consent under the heading “Only with development consent”, and (c) the development that is prohibited in the zone under the heading “Prohibited”.

Land use table Zone 1 (1) Rural (Production) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide for economic and employment-generating agricultural activities, and (b) provide for a range of compatible land uses that maintain and enhance the rural environment of the locality, and (c) ensure development is carried out in a manner that improves the quality of the environment, including quality of design, and is within the servicing capacity of the locality, and (d) encourage development and management practices that are sustainable, and (e) encourage the development of good quality agricultural land for agriculture (other than intensive agriculture) to the greatest extent possible, and (f) encourage the development of low quality agricultural land for intensive agriculture, and (g) provide for sustainable forestry practices, and (h) avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and (i) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1. Development for the purpose of agriculture (other than intensive agriculture).

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

3 Only with development consent Development for the purpose of: airline terminals airports animal establishments aquaculture bed and breakfast establishments bulk stores cemeteries and crematoriums drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities extractive industries forestry helipads heliports home businesses home industries intensive agriculture mines retail plant nurseries roads roadside stalls rural industries sawmills signs stormwater management facilities sustainable generating works telecommunications facilities transport terminals utility installations veterinary hospitals wholesale plant nurseries

4 Prohibited Development not listed in item 2 or 3.

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

Zone 1 (2) Rural (Living) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide for the enjoyment of a rural lifestyle and the operation of small-scale rural and tourism activities, and (b) provide for a range of compatible land uses that maintain the rural environment, and (c) ensure development is carried out in a manner that improves the quality of the environment, and is within the servicing capacity of the area, and (d) retain and enhance the rural character of land, and (e) allow for the appropriate development of land presently within this zone so as to limit the need to rezone any more land to this zone, and (f) avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and (g) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast establishments drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities home businesses home industries retail plant nurseries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations wholesale plant nurseries

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

4 Prohibited Development not listed in item 2 or 3.

Zone 2 (1) Residential Zone

1 Objectives of zone The objectives of this zone are to: (a) permit development of neighbourhoods of low-density housing, and (b) provide for home based businesses, general stores or community service activities whilst maintaining and enhancing the residential amenity of the surrounding area, and (c) ensure that housing development respects the character of surrounding development and is of good quality design, and (d) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: bed and breakfast establishments boarding houses child care centres community facilities drainage dual occupancies—attached dual occupancies—detached dwelling houses dwelling houses—exhibition earthworks educational establishments emergency services facilities environmental facilities general stores group homes home businesses home industries places of public worship professional consulting rooms roads signs small lot housing sporting facilities stormwater management facilities

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 2 (2) Residential (Urban Living) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide for medium and high density housing, and (b) encourage development of good quality design within the zone, and (c) provide an environment where people can live and work in home businesses and professional services whilst maintaining the residential amenity of the surrounding area, and (d) provide residents with good access to a range of urban services and facilities, and (e) encourage amalgamation of existing lots to facilitate well designed medium and high density development, and (f) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: bed and breakfast establishments boarding houses child care centres clubs community facilities drainage dwelling houses earthworks environmental facilities general stores group homes home businesses home industries motels multiple dwelling housing places of public worship professional consulting rooms residential flat buildings

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

roads signs small lot housing sporting facilities stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 3 (1) Urban Centre (Core) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for commercial, retail, recreational and housing uses in a central location, and (b) generate viable employment and economic activity, and (c) create urban centres for safe and vibrant social, cultural and community activity, and (d) create public spaces that are accessible, welcome all people and are a central focus for the community, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: brothels bus stations car parking facilities child care centres clubs commercial premises community facilities drainage earthworks educational establishments emergency services facilities entertainment facilities environmental facilities helipads home businesses hotels

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

medical centres mixed use development motels motor showrooms places of public worship restaurants restricted premises roads service stations shops signs sporting facilities stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 3 (2) Urban Centre (Support) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for development that supports the viability of Urban Centre (Core) zoned land, and (b) encourage good quality design within the zone, and (c) provide land for mixed use development comprising residential uses in combination with commercial and retail uses, professional services and home based businesses, and (d) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: bulky goods showrooms bus stations car parking facilities car repair stations child care centres clubs commercial premises community facilities drainage

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

earthworks educational establishments emergency services facilities environmental facilities general stores home businesses home industries hospitals hotels marinas medical centres mixed use development motels motor showrooms places of public worship recreation facilities restaurants roads service stations signs sporting facilities stormwater management facilities telecommunications facilities utility installations veterinary hospitals

4 Prohibited Development not listed in item 2 or 3.

Zone 4 (1) Industrial (Core) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for a wide range of employment-generating industries, including manufacturing, processing, assembly, storage and distribution uses, and (b) provide land for a range of industrial uses that, because of their nature, require large areas of land or separation from more intensive forms of employment generating industries, and (c) ensure that industries are designed and located so as not to cause unacceptable environmental harm or adversely affect the amenity of the environment, including residential neighbourhoods, and (d) provide for sustainable water cycle management.

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: aquaculture brothels bulk stores bus stations car parking facilities car repair stations child care centres depots drainage earthworks emergency services facilities energy generation works environmental facilities extractive industries general stores hazardous industries hazardous storage establishments helipads high technology industries industries junk yards light industries liquid fuel depots mines offensive industries offensive storage establishments rail lines roads service stations signs storage facilities stormwater management facilities telecommunications facilities transport terminals utility installations warehouses waste management and/or recycling facilities

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

4 Prohibited Development not listed in item 2 or 3.

Zone 4 (2) Industrial (General) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for light industries that can service surrounding community needs and provide local employment opportunities, and (b) enable ancillary retail/commercial uses, in conjunction with an approved development, providing it will not undermine the retail function and general amenity of existing and future urban centres, and (c) ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and (d) provide opportunities for high technology industries, scientific research and development, or similar activities, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: animal establishments aquaculture brothels building products warehouses and showrooms bulk stores bus stations car parking facilities car repair stations child care centres depots drainage earthworks emergency services facilities entertainment facilities environmental facilities general stores high technology industries industries junk yards

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

light industries motor showrooms places of public worship recreation facilities retail plant nurseries roads service stations signs sporting facilities storage facilities stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals warehouses wholesale plant nurseries

4 Prohibited Development not listed in item 2 or 3.

Zone 4 (3) Industrial (Urban Services) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for light industries that can service surrounding community needs and provide local employment opportunities, and, (b) provide land for the wholesale or retail sale of bulky goods, and (c) support the role of existing and future urban centres while not undermining the retail function and general amenity of these centres, and (d) ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: animal establishments brothels building products warehouses and showrooms

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bulky goods showrooms bus stations car parking facilities car repair stations child care centres drainage earthworks emergency services facilities environmental facilities general stores light industries medical centres motor showrooms places of public worship recreation facilities restaurants retail plant nurseries roads service stations signs sporting facilities storage facilities stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals warehouses wholesale plant nurseries

4 Prohibited Development not listed in item 2 or 3.

Zone 5 Infrastructure Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for future infrastructure needs such as roads, drainage and other utilities, and (b) provide land required for the expansion of existing community facilities or the development of new community facilities, and

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

(c) provide for limited development within the zone where it can be demonstrated that the development will not prejudice or have the potential to prejudice the intended future infrastructure development of that land, and (d) ensure that development on adjacent or adjoining land zoned infrastructure does not prejudice future infrastructure development within that zone, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) airline terminals airports bus stations car parking facilities cemeteries and crematoriums child care centres community facilities drainage earthworks educational establishments emergency services facilities energy generation works entertainment facilities environmental facilities helipads heliports hospitals medical centres motels places of public worship rail lines roads signs stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals

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4 Prohibited Development not listed in item 2 or 3.

Zone 6 (1) Open Space Zone

1 Objectives of zone The objectives of this zone are to: (a) provide community owned land or land intended to be owned by the community (shown with crosshatching on the map) that is suitable for the passive and active recreation needs of the community, and (b) provide for a variety of facilities necessary to support use of this land including barbeque facilities, toilet facilities, sports administration and changing rooms, clubhouses, cycle ways, seating, lighting and the like, and (c) facilitate preservation of the environmental qualities of land identified in this plan for public ownership, and (d) provide for the use of public land leased from the Council where community benefit can be established and the use of the land is appropriate for its location, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: animal establishments car parking facilities caravan parks cemeteries and crematoriums child care centres clubs community facilities drainage earthworks educational establishments emergency services facilities entertainment facilities environmental facilities helipads marinas places of public worship recreation facilities restaurants

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

roads signs sporting facilities stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 6 (2) Tourism and Recreation Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land primarily for commercial recreation and tourist uses, and (b) encourage good quality design within the zone, and (c) provide land for good quality tourist development, and (d) provide land for function and entertainment centres, and (e) encourage tourism development that is sensitively designed to complement its location and minimise any adverse impacts on the environment, and (f) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: animal establishments car parking facilities caravan parks clubs community facilities drainage earthworks eco-tourism facilities emergency services facilities entertainment facilities environmental facilities function centres helipads hotels manufactured home estates marinas

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General controls for land within zones Part 3

motels places of public worship recreation facilities restaurants roads signs sporting facilities stormwater management facilities telecommunications facilities tourist resorts utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 7 (1) Conservation (Primary) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide and conserve land having ecological, scientific, geological, educational, faunal, floristic or aesthetic values, and (b) preserve and enhance areas of significant vegetation and habitat to promote the regeneration of ecosystems and eradication of invasive species that compete with native flora and fauna, and (c) conserve, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and (d) exclude activities which would prejudice the ongoing conservation or rehabilitation of land, and (e) encourage activities that meet conservation objectives, and (f) protect land within this zone from impacts from development on adjoining zones, and (g) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: bed and breakfast establishments drainage dwelling houses earthworks environmental facilities home businesses home industries

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

roads signs stormwater management facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 7 (2) Conservation (Secondary) Zone

1 Objectives of zone The objectives of this zone are to: (a) protect, conserve and enhance land that is environmentally important, and (b) protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and (c) enable development where it can be demonstrated that the development will not compromise the ecological, hydrological, scenic or scientific attributes of the land or adjacent land in Zone 7 (1), and (d) ensure that development proposals result in rehabilitation and conservation of environmentally important land, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: bed and breakfast establishments community facilities drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs

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Lake Macquarie Local Environmental Plan 2004 Clause 15

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stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 7 (3) Environmental (General) Zone

1 Objectives of zone The objectives of this zone are to: (a) maintain and enhance biodiversity, scenic quality and native riparian vegetation and habitat, and (b) protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and (c) ensure that development and land management practices do not have an adverse effect on water quality, land surface conditions and important ecosystems such as waterbodies, waterways, wetlands and rainforests, and (d) protect and enhance natural, rural and heritage landscapes, and (e) provide for sustainable water cycle management, and (f) encourage rehabilitation and conservation of environmentally important land.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast establishments community facilities drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities forestry home businesses home industries places of public worship retail plant nurseries

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 7 (4) Environmental (Coastline) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide and conserve an area for natural coastal processes, and (b) permit appropriate development where consistent with the Coastal Impact Zone (as identified in the Lake Macquarie Coastline Management Plan 1999), and (c) conserve and enhance the scenic values and natural, Aboriginal and European heritage associated with the coastline, and (d) minimise disturbance of the coastline environment, and (e) encourage ongoing dune stabilisation and rehabilitation of native vegetation, and (f) ensure that development facilitates public access to the coastline and supports the optimum and efficient development of the coastal walk (as identified in the Lake Macquarie Coastline Management Plan 1999), and (g) ensure that development is sympathetic in design, bulk and scale with the coastline environment, and (h) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: car parking facilities clubs community facilities drainage earthworks emergency services facilities environmental facilities helipads restaurants roads

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

signs sporting facilities stormwater management facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 7 (5) Environmental (Living) Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land with ecological, scientific, scenic and biodiversity values that may accommodate minimal impact, low density residential and agricultural development, and (b) manage development to minimise adverse impacts on those values, such as by encouraging appropriate use of disturbed land, and (c) protect, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and (d) encourage rehabilitation and conservation of environmentally important land, and (e) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast establishments drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs stormwater management facilities

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

Zone 8 National Park Zone

1 Objectives of zone The objectives of this zone are to: (a) identify land that is reserved or dedicated under the National Parks and Wildlife Act 1974, and (b) allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974, and (c) promote the survival of flora and fauna by conserving viable reserves in large holdings with appropriate connections to other reserves.

2 Without development consent Development for the purpose of land uses authorised by or under the National Parks and Wildlife Act 1974, and any development incidental or ancillary to such land uses.

3 Only with development consent Nil.

4 Prohibited Development not listed in item 2.

Zone 9 Natural Resources Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land that has dual values as an economic natural resource and for environmental protection, and (b) recognise the dual values of the land and integrate economic use of the land with ecological sustainability, and (c) acknowledge the economic value of its natural resources, particularly for extraction of coal, gravel and timber, and (d) acknowledge the long term value of the land for the management and maintenance of biodiversity, threatened species habitat, and corridors by minimising the adverse impacts of resource development, and (e) rehabilitate disturbed land to a natural state, reflective of its long term value, and (f) minimise earthworks while enabling productive use of the land, and

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Lake Macquarie Local Environmental Plan 2004 Clause 15

General controls for land within zones Part 3

(g) permit habitat disturbance to facilitate forestry, surface activities for underground mining and other extraction of mineral and gravel resources and energy generation works, and (h) acknowledge the multiple use of State forests for tourism, conservation and sustainable harvesting of timber, and (i) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) car parking facilities drainage earthworks emergency services facilities energy generating works environmental facilities extractive industries forestry hazardous industries hazardous storage establishments helipads industries liquid fuel depots mines offensive industries offensive storage establishments rail lines roads rural industries sawmills signs stormwater management facilities telecommunications facilities transport terminals utility installations

4 Prohibited Development not listed in item 2 or 3.

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Clause 15 Lake Macquarie Local Environmental Plan 2004

Part 3 General controls for land within zones

Zone 10 Investigation Zone

1 Objectives of zone The objectives of this zone are to: (a) provide land for future development and/or conservation, and (b) ensure that land in this zone is thoroughly assessed to identify and substantiate future uses, and (c) provide for limited development of the land and allow that development only where it can be proven not to prejudice or have the potential to prejudice future protection or use of the land, and (d) ensure that land is released in a strategic and efficient manner consistent with the Lifestyle 2020 Strategy, and (e) require comprehensive local environmental studies to substantiate the capability and suitability of land in this zone proposed for rezoning, and (f) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1.

3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast establishments drainage dwelling houses earthworks emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations

4 Prohibited Development not listed in item 2 or 3.

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Zone 11 Lakes and Waterways Zone

1 Objectives of zone The objectives of this zone are to: (a) recognise the importance of Lake Macquarie and its waterways as an environmental asset, not only to Lake Macquarie City, but to the Hunter and Central Coast Regions, and (b) ensure that development of the Lake and its waterways occurs in a manner that is consistent with the principles of ecologically sustainable development, and (c) ensure development does not adversely affect the ecology, scenic values or navigability of the Lake or its waterways, and (d) ensure that aquatic and terrestrial habitats and their interface are protected and enhanced and are not adversely affected by the recreational use of the Lake or its waterways, and (e) provide for sustainable and viable economic use of the Lake and its waterways, and (f) provide for sustainable water cycle management.

2 Without development consent Exempt development as provided in Schedule 1. Development for the purpose of: aids to navigation required by the Waterways Authority moorings, except commercial moorings, if in accordance with a Mooring Management Plan approved by the Waterways Authority.

3 Only with development consent Any development not listed in item 2.

4 Prohibited Nil.

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Clause 16 Lake Macquarie Local Environmental Plan 2004

Part 4 Special provisions applying to all land

16 Development consent—matters for consideration Consent must not be granted for development unless the consent authority: (a) has had regard to the vision, values and aims of the Lifestyle 2020 Strategy expressed in Part 2, and (b) is satisfied that such of the development as is proposed to be carried out within a zone is consistent with the relevant objectives for the zone, as set out in the Table to clause 15.

17 Provision of essential infrastructure Consent must not be granted for development on any land to which this plan applies unless the consent authority: (a) is satisfied that adequate arrangements have been made for the provision of any infrastructure that is essential for the proposed development, including the following: (i) a supply of water, (ii) provision of energy, (iii) provision of telecommunications, (iv) a system for the disposal and management of sewage, and (b) has considered the impacts of the provision of that infrastructure on the land to which the development application relates.

18 Temporary development of land (1) Despite any other provision of this plan, a person may carry out development on any land with development consent for any purpose for a maximum period of 28 days in any one year. (2) Consent may be granted under this clause only if, in the opinion of consent authority, the development contributes to the social, environmental, cultural and economic well-being of the community. (3) To avoid doubt, State Environmental Planning Policy No 1— Development Standards does not apply to a requirement made by subclause (1).

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Lake Macquarie Local Environmental Plan 2004 Clause 19

Special provisions applying to all land Part 4

19 Development for the purpose of a mine Nothing in this plan prevents a person, with development consent, from carrying out development for the purpose of a mine: (a) on any land to which this plan applies, if the mine is underground, or (b) on land that is shown as land with future open cut mining potential on the map marked “Lake Macquarie Local Environmental Plan 2004—Areas of Future Open Cut Mining Potential”, if the mine is an open cut mine.

20 Suspension of covenants, agreements or instruments (1) Any covenant, agreement or similar instrument which affects development allowed by this plan does not apply to the extent necessary to allow the development. (2) Nothing in subclause (1) affects the rights or interests of any statutory corporation, public authority or Minister of the Crown under any registered instrument. (3) Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

21 Development the subject of SEPP 1 application The consent authority, in determining a written objection made pursuant to State Environmental Planning Policy No 1— Development Standards, is to consider the underlying objectives of the development standard or other requirement concerned and the following, to the extent that they are relevant to the proposed development: (a) neighbourhood and local context, (b) topography, (c) solar orientation, (d) neighbourhood amenity and character, (e) privacy, (f) overshadowing, (g) security, safety and access,

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Part 4 Special provisions applying to all land

(h) local infrastructure, (i) landscape design, (j) waste disposal, in addition to the matters referred to in that policy.

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Lake Macquarie Local Environmental Plan 2004 Clause 22

Special controls for protection of the environment or for particular land Part 5

Part 5 Special controls for protection of the environment or for particular land

22 Foreshore building lines (1) The objectives of this clause are: (a) preservation and enhancement of the natural features and vegetation near where land meets the high water mark, and (b) restoration of the land below any foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures, and (c) removal of structures and works below any foreshore building line (particularly on redevelopment of land), other than those excepted by clause 23, and (d) conservation and enhancement of waterfront structures of heritage value, and (e) avoidance of adverse ecological effects on the waterways, and (f) enhancement of the visual amenity of Lake Macquarie. (2) Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 is adopted for the purposes of this plan. Note. Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 allows the Council to fix a foreshore building line and sets out the effect of such a line. (3) State Environmental Planning Policy No 1—Development Standards applies to a requirement made by clause 7 of those provisions, when adopted for the purposes of this plan, in the same way as it applies to a development standard. (4) The resolution of the Council cited as Lake Macquarie Foreshore Building Line Resolution and adopted by the Council on 18 July 1988 (copies of which are available from the office of the Council) is taken to have been made under clause 7 (1) of those provisions, as adopted for the purposes of this plan. (5) Any references in that resolution to a current plan are taken to be references to a current plan within the meaning of the Conveyancing Act 1919.

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Clause 23 Lake Macquarie Local Environmental Plan 2004

Part 5 Special controls for protection of the environment or for particular land

23 Foreshore development and development below DP high water mark (1) Foreshore development and development for the purpose of utility installations may be carried out only with development consent between a foreshore building line that is fixed with respect to a DP high water mark and the DP high water mark. (2) Development below DP high water mark may be carried out only with development consent which must not be granted unless the consent authority is satisfied: (a) that all existing structures and works on the land below DP high water mark will be removed before or within a reasonable time after development is carried out, or (b) that is unreasonable or unnecessary in the circumstances of the case for that removal to occur, having regard to the objectives of clause 22 and the provisions of any relevant development control plan.

24 Subdivision (1) Despite any other provision of this plan, subdivision of land, other than that identified in Schedule 1 as exempt development, may be carried out only with development consent. (2) Land in any zone may be subdivided only if the consent authority is satisfied: (a) that the resulting lots will conform to the requirements in Schedule 2 (Subdivision standards) applicable to subdivision in that zone, and (b) the resulting lots can be developed in accordance with this plan. (3) To avoid doubt, State Environmental Planning Policy No 1— Development Standards applies to a requirement referred to in subclause (2) (a) in the same way as it applies to a development standard. (4) Consent must not be granted to a subdivision of land in Zone 2 (1) or 2 (2) for the purpose of small lot housing unless consent has been or is also given to the erection on the land of dwellings that will comprise small lot housing. (5) Consent must not be granted for a subdivision of land in Zone 2 (1) for the purpose of dual occupancy-attached or dual occupancy- detached unless consent has been or is also granted for the erection on the land of dwellings comprising that form of dual occupancy.

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Lake Macquarie Local Environmental Plan 2004 Clause 25

Special controls for protection of the environment or for particular land Part 5

25 Demolition Except as provided otherwise by this plan, the demolition of a building or work requires development consent.

26 Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10 (1) This clause applies to land in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10. (2) In this clause: dwelling lot means: (a) an existing holding, or (b) a lot that complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot. existing holding means: (a) except as provided by paragraph (b), a lot, portion or parcel of land as it was on 21 August 1981, or (b) where, on 21 August 1981, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that date. (3) A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause. (4) Consent may be granted for the erection or creation of one, but not more than one: (a) dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (1), 7 (2) or 7 (3), or (b) dwelling house on a dwelling lot in Zone 7 (1) or 10. (5) However, consent must not be granted for the erection or creation of a dwelling house or dual occupancy-attached on land to which this clause applies if there already is, or a consent is in force that allows, the erection or creation of either a dwelling house or dual occupancy-attached on the land. (6) Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 7 (3).

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Clause 27 Lake Macquarie Local Environmental Plan 2004

Part 5 Special controls for protection of the environment or for particular land

(7) If consent is granted for the erection or creation of a dwelling house or a dual occupancy-attached on land comprising an existing holding, the consent authority may impose a condition of consent that requires the consolidation of all lots, portions or parcels that comprise that existing holding.

27 Dwelling houses and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5) (1) This clause applies to land in Zone 1 (2), 2 (1), 2 (2) or 7 (5). (2) In this clause: dwelling lot means a lot that: (a) was a lawfully created lot at the commencement of this plan, or (b) is a lot lawfully created after that commencement under a development consent granted before or after that commencement, or (c) complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot. (3) A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause. (4) Consent may be granted for the erection or creation of one but not more than one: (a) dwelling house on a dwelling lot in Zone 2 (2), or (b) dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (2) or 7 (5), or (c) dwelling house, dual occupancy-attached or dual occupancy- detached on a dwelling lot in Zone 2 (1). (5) However, consent must not be granted for the erection or creation of a dwelling house, dual occupancy-attached or dual occupancy- detached on land to which this clause applies if there already is, or a consent is in force that allows, the erection or creation of any one of a dwelling house (not being part of an existing dual occupancy- detached), dual occupancy-attached or dual occupancy-detached on the land. (6) Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 1 (2) or 7 (5).

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28 Dwelling houses on South Wallarah Peninsula in Zone 7 (1) Despite any other provision of this plan, a person must not erect a dwelling house on an allotment of land within Zone 7 (1) within the South Wallarah Peninsula, being the land south of the land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies, unless the allotment has an area of not less than 100 hectares.

29 Building heights (1) A person must not erect a building that exceeds 9 metres in height without development consent. (2) In considering an application for consent to the erection of a building the whole or part of which exceeds 9 metres, the consent authority must take into consideration whether that height is compatible with the heights of other buildings in the immediate vicinity or locality and is compatible with: (a) the site attributes, and existing or proposed uses of the land to which the application relates, and (b) the other requirements of this plan and the provisions of any relevant development control plan. (3) In the instance of development in proximity to an airport, the heights of buildings must comply with the applicable Obstacle Limitation Surface.

30 Control of pollution Consent must not be granted to development unless the consent authority is satisfied that all reasonable and practicable control measures will be implemented to minimise pollution likely to arise from carrying out that development. Note. Pollution may be of air, noise or water. Water pollution includes nutrient and sediment loading.

31 Erosion and sediment control (1) This clause applies to development that involves or that, in the opinion of the consent authority, may give rise to the exposure of the soil surface of land to the action of wind or water, whether as a consequence of: (a) the carrying out of earthworks, or (b) the destruction or removal of vegetation, or

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Clause 32 Lake Macquarie Local Environmental Plan 2004

Part 5 Special controls for protection of the environment or for particular land

(c) the carrying out of any other class of development. (2) Consent must not be granted to development to which this clause applies unless: (a) the consent authority is satisfied that all reasonable and practicable control measures will be carried out to prevent or minimise the effects of erosion and sediment, and (b) where the area of soil surface exposure is greater than 250 square metres, but less than 2,500 square metres, the consent authority has considered an erosion and sediment control plan complying with erosion and sediment control guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan, and (c) where the area of soil surface exposure is 2,500 square metres or greater, the consent authority has considered a soil and water management plan complying with construction guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan.

32 Flood prone land (1) Despite any other provision of this plan, a person must not erect a structure or carry out a work on flood prone land without development consent. (2) Before granting consent required by this clause, the consent authority must: (a) consider the contents of any flood management plan or development control plan applying to the land that has been prepared in accordance with the principles contained in the flood management manual, which is available from the office of the Council, and (b) be satisfied that to carry out the development in accordance with the consent would be consistent with flood hazard and levels of risk that are acceptable to the community. (3) The consent authority may, by a condition of consent to the carrying out of development referred to in subclause (1), require all floors or levels of the structure or work to be at a height sufficient, in the opinion of the consent authority, to prevent or reduce the incidence of flooding of that structure or work, or of adjoining land.

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Special controls for protection of the environment or for particular land Part 5

33 Bush fire considerations (1) This clause applies to bush fire prone land. Note. Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council. (2) A person must not carry out bush fire hazard reduction work without development consent unless the person is authorised to carry out the work without consent by or under the Rural Fires Act 1997 or another Act. (3) Before granting consent required by this clause, the consent authority must: (a) have regard to the relevant provisions of the guidelines provided by the latest edition of the publication Planning for Bushfire Protection approved by the Department and the Rural Fire Service and available at the office of the Council, and Note. The latest edition of that publication when this plan commenced was the 2001 edition. The consent authority must also have regard to the relevant provisions of the Rural Fires Act 1997 and the Environmental Planning and Assessment Act 1979. (b) be satisfied that: (i) the measures proposed to avoid or mitigate the threat from bush fire, including the siting of the proposed development, the design of, and materials used in, any structures involved, the clearing of vegetation, and the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies), are adequate for the locality, and (ii) as far as possible, the potential impact on the environment of mitigation measures proposed is minimised.

34 Trees and native vegetation (1) This clause applies to all land except: (a) State forest or other Crown-timber lands within the meaning of the Forestry Act 1916, or (b) land within Zone 8. (2) Except as provided by subclause (3), a person must not clear any tree or any native vegetation unless in accordance with a development consent.

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Clause 34 Lake Macquarie Local Environmental Plan 2004

Part 5 Special controls for protection of the environment or for particular land

(3) Consent is not required for: (a) the clearing or trimming of trees in accordance with Part 11 of the Electricity Supply (General) Regulation 2001, or (b) the clearing or trimming of trees in accordance with section 88, 107, 138 or 139 of the Roads Act 1993, or (c) the clearing or harvesting of trees grown commercially or domestically for their edible fruit, or (d) the control of noxious weeds within the meaning of the Noxious Weeds Act 1993, or (e) the clearing of commercially grown plantation trees in accordance with the Plantations and Reafforestation Act 1999, or (f) the clearing of native vegetation without consent if authorised under the Native Vegetation Conservation Act 1997, any other Act or another environmental planning instrument, or (g) the removal of hazardous dead trees within Zone 2 (1), 2 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (1) or 6 (2), except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or (h) the removal of native vegetation on land, other than in Zone 7 (1), for the purpose of creating or maintaining landscaped and lawn areas where: (i) the removal, injury or destruction of trees is not involved, and (ii) the area to be cleared is less than 600 square metres in total and is on the same allotment as, and within the curtilage of, a dwelling for which development consent has been granted, and (iii) the soil surface exposed in any period of 90 consecutive days will not exceed 250 square metres, and (iv) the slope of the land does not exceed 15 degrees, and (v) the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, and (vi) the area is not subject to a development consent that requires the trees or native vegetation to be retained, or (i) bushfire hazard reduction work exempted by section 100C of the Rural Fires Act 1997, or

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(j) clearing of a tree or native vegetation that is within 3 metres of a building for which consent has been granted and that is on the same allotment as that building. (4) Consent must not be granted for the clearing of any tree or native vegetation unless the consent authority has considered a statement of environmental effects that assesses in respect of the vicinity of the proposed clearing: (a) soil stability and prevention of land degradation, and (b) water quality and associated ecosystems such as streams, rivers, waterbodies or waterways, and (c) scenic or environmental amenity, and (d) vegetation species, communities and natural wildlife habitats. (5) Nothing in this clause affects any requirement made by or under the Native Vegetation Conservation Act 1997.

35 Acid sulfate soils (1) For the purpose of this clause, works means: (a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams, and detention basins), foundations and flood mitigation works), or (b) any other works that are likely to lower the water table, or (c) routine maintenance. (2) A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

Class of land as Works shown on Acid Sulfate Soils Planning Maps

1 Any works.

2 Works below the natural ground surface. Works by which the watertable is likely to be lowered.

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Part 5 Special controls for protection of the environment or for particular land

Class of land as Works shown on Acid Sulfate Soils Planning Maps

3 Works beyond 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface.

4 Works beyond 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface.

5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land.

(3) This clause does not require consent for the carrying out of those works if: (a) a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulfate Soil Manual, has been given to the Council, and (b) the Council has provided written advice to the person proposing to carry out the works confirming that the results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soil Manual. (4) Consent required by this clause must not be granted unless the consent authority has considered: (a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and (b) the likelihood of the proposed development resulting in the discharge of acid water, and

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(c) any comments from the Department received within 28 days of the consent authority having sent that Department a copy of the development application and the related acid sulfate soils management plan. (5) Despite subclause (2), development may be carried out by the Council or the Hunter Water Corporation without consent, being development consisting of: (a) emergency works, or (b) routine management, or (c) minor works. (6) Where the Council or the Hunter Water Corporation carries out development described in subclause (5) and encounters, or is likely to encounter, acid sulfate soils, the Council or the Hunter Water Corporation must properly deal with those soils in accordance with the proposed development in accordance with the Acid Sulfate Soil Manual so as to minimise the actual or potential impact on the environment arising from the disturbance of the soils.

36 Mixed use development (1) Consent must not be granted for mixed use development unless the consent authority is satisfied that: (a) the gross floor area that will be used for commercial, retail or recreation facilities will be not less than 20 percent of the total gross floor area within the site area to which the development application relates, and (b) the gross floor area that will be used for dwellings and any accommodation for tourists will be not less than 50 percent of that total. (2) To avoid doubt, State Environmental Planning Policy No 1— Development Standards applies to a requirement made by subclause (1) (a) or (b) in the same way as it applies to a development standard.

37 Unzoned land (1) A person must not carry out development on unzoned land without development consent. (2) Development of unzoned land is not exempt or complying development, despite any other provision of this plan.

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Clause 38 Lake Macquarie Local Environmental Plan 2004

Part 5 Special controls for protection of the environment or for particular land

(3) Consent must not be granted for development of unzoned land unless the consent authority has considered the objectives of the zones in which adjoining land is situated.

38 Advertising structures and signs Despite any other provision of this plan, the erection and use of an advertising sign or advertising structure of a type referred to in Schedule 1 requires consent if it is not exempt development.

39 Additional development allowed on certain land (1) Nothing in this plan prevents a person, with development consent, from carrying out on land described in Column 1 of Schedule 7 any development specified in relation to that land in Column 2 of Schedule 7, subject to such conditions (if any) as may be so specified. (2) If any development specified in Schedule 7 in relation to land is permissible with development consent subject to a condition that consent to the development must be obtained or applied for within a specified period, the consent authority is not prevented from granting consent after that period to the carrying out of alterations or extensions to, or the rebuilding of, a structure or place on that land for which such a consent has been granted.

40 Development for the purpose of agriculture on land in Zone 7 (2) (1) In this clause: nominated owner means the person who, on the appointed day, owned a retained holding. retained holding means: (a) a lot, portion or parcel of land as it was on the appointed day, or (b) where, on the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that day. (2) This clause applies to a retained holding only if: (a) not less than 70% of the retained holding is within Zone 7 (2), and

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(b) immediately prior to the appointed day, the retained holding was within a zone in which development for the purpose of agriculture was permissible either with or without consent. (3) Nothing in this plan prevents the nominated owner from carrying out development on a retained holding for the purpose of agriculture (other than intensive agriculture), but only with development consent.

41 Development for the purpose of retirement villages (1) This clause aims to maintain the opportunity for the development of retirement village style accommodation for aged persons in appropriate locations where the land satisfies the criteria specified in subclause (5). (2) This clause applies to: (a) land within Zone 2 (1), and (b) land that is not within Zone 2 (1), 7 (1), 7 (4), 8 or 9, but part or all of which immediately adjoins, or is within 400 metres of, land within Zone 2 (1). (3) In this clause: retirement village means a complex containing residential premises that are predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by persons aged 55 years or older, which provides access to meals, cleaning, emergency assistance, and a transport service for residents. (4) Nothing in this plan prevents a person, with development consent, from carrying out development on any land to which this clause applies for the purpose of a retirement village. (5) Despite subclause (4), consent may be granted to development for the purpose of a retirement village only if the consent authority is satisfied that: (a) the land on which the development will be carried out is of sufficient size to accommodate a minimum 70 unit retirement village development, and (b) the land has frontage to a formed public road servicing nearby urban areas, and (c) the development is able to be serviced with reticulated water, sewerage and electricity, and

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Part 5 Special controls for protection of the environment or for particular land

(d) at least 70% of the proposed development area comprises land with a slope of less than 20% grade.

42 Consent to development subject to special requirements (1) Consent must not be granted to development on any land described in Column 1 of Schedule 8 unless the consent authority has had regard to the development control plan or master plan required for the land by Column 2 of that Schedule. (2) Consent must not be granted to development on any land described in Column 1 of Schedule 9 unless the consent authority is satisfied, whether by the imposition of a condition on the consent or otherwise) that any requirement specified for the land in Column 2 of that Schedule has been or will be met.

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Heritage provisions Part 6

Part 6 Heritage provisions

43 Objective The objective of this Part is to protect and conserve archaeological sites and places of Aboriginal, natural or European cultural significance. It does this by making provisions that conserve the remaining fabric, relics, settings and views, and evidence of the cultural significance of heritage items and the environment of heritage conservation areas.

44 Protection of heritage items and heritage conservation areas The following development may be carried out only with development consent: (a) demolition of, or movement of the whole or a part of, a heritage item, (b) demolition of, or movement of, a building, structure, work, relic or tree within a heritage conservation area, (c) alteration of, or any addition to, a heritage item that makes substantial structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance, (d) alteration of a building, a structure, work, relic, or tree within a heritage conservation area by making substantial structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance, (e) alteration of a heritage item by making substantial structural changes to its interior, (f) disturbance or excavation of a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (g) erection of a structure on, or subdivision of, land on which a heritage item is located or which is within a heritage conservation area.

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45 Development consent is not required (1) Development consent is not required by clause 44 if, in the opinion of the Council: (a) the proposed development is of a minor nature or consists of maintenance of a heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and (b) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area.

46 Cemetery or burial grounds Development consent is not required for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance: (a) the creation of a new grave or monument, (b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

47 Assessment of heritage significance (1) Before granting consent required by this Part, the consent authority must assess the extent to which the carrying out of the proposed development will affect the heritage significance of the heritage item or heritage conservation area concerned. (2) In the case of proposed development that would affect a heritage item, that assessment must include consideration of a heritage impact statement that addresses: (a) the heritage significance of the item as part of the environmental heritage of Lake Macquarie City local government area, (b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or cultural features, (c) the measures proposed to conserve the heritage significance of the item and its setting, (d) whether any archaeological site or potential archaeological site will be adversely affected by the proposed development,

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Heritage provisions Part 6

(e) the extent to which the carrying out of the proposed development will affect the form of any historic subdivision. (3) In the case of proposed development in a heritage conservation area, that assessment must include consideration of a heritage impact statement that addresses the following: (a) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, (b) the impact that the proposed development will have on the heritage significance of the heritage conservation area, (c) the compatibility of the proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, (d) the measures proposed to conserve the significance of the heritage conservation area and its setting, (e) whether any landscape or horticultural features will be affected by the proposed development, (f) whether any archaeological site or potential archaeological site will be affected by the proposed development, (g) the extent to which the carrying out of the proposed development in accordance with the consent will affect any historic subdivision pattern.

48 Development requiring notification (1) A development application proposing the following development requires notification in accordance with Lake Macquarie Development Control Plan No 1—Principles of Development: (a) the demolition of a heritage item, (b) the carrying out of any development allowed by clause 53 (Conservation incentives). (2) Subclause (1) does not apply to designated development or advertised development.

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Part 6 Heritage provisions

49 Notice of demolition to Heritage Council (1) Within 14 days of receipt of a development application for the demolition of a heritage item identified in Schedule 4, 5 or 6 as being of State significance, the consent authority must forward a copy of the application to the Heritage Council for its comment. (2) The consent authority is to take into consideration any comments received by it from the Heritage Council within 28 days after a copy of the application is sent in accordance with subclause (1).

50 Development affecting places or sites of known or potential Aboriginal heritage significance (1) Consent must not be granted for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, unless the consent authority has considered a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site. (2) Except where the proposed development is integrated development, the consent authority must provide a copy of the development application and heritage impact statement to a member or representative of the appropriate local Aboriginal community and the Director-General of the Department of Environment and Conservation within 14 days of receipt of the application. (3) Consent must not be granted to any such development unless the consent authority has taken into consideration any comments received by it from any member or representative of that Aboriginal community or that Director-General within 28 days after the application and statement are sent in accordance with subclause (2). (4) In the instance of development in proximity to items or places identified in Schedule 6 or recorded or held by a local Aboriginal Land Council, consultation with the relevant local Aboriginal Land Council is required before consent may be granted. Consultation is sufficient for the purposes of this requirement if the consent authority has taken into consideration all comments received from the local Aboriginal Land Council within 28 days after a copy of the application and statement are sent to it by the consent authority.

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51 Development affecting known or potential archaeological sites or relics of European heritage significance (1) Consent must not be granted for development that will be carried out on an archaeological site or potential archaeological site or a relic that has European heritage significance (whether or not it is also the site of a relic or potential relic of Aboriginal significance) unless the consent authority has considered a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site. (2) Except where the proposed development is integrated development, the consent authority must provide a copy of the development application and heritage impact statement to the Heritage Council within 14 days of receipt of the application. (3) Consent must not be granted to any such application unless the consent authority has taken into consideration any comments received by it from the Heritage Council within 28 days after the application and statement are sent in accordance with subclause (2). (4) This clause does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground relics would not be adversely affected by the proposed development.

52 Development in vicinity of a heritage item (1) Consent must not be granted for development in the vicinity of a heritage item unless the consent authority has considered a heritage impact statement that includes recommendations for the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works, and for any modification that will reduce the impact of the proposed development on the heritage significance of the heritage item. (2) Development is in the vicinity of a heritage item for the purposes of this clause if, in the opinion of the consent authority, the development: (a) may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or (b) may undermine or otherwise cause physical damage to a heritage item, or

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(c) will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated. (3) Before granting consent for development to which this clause applies, the consent authority must take into account the impact of the proposed development on the heritage significance of the heritage item, on any heritage conservation area within which it is situated and on the visual curtilage and setting of the heritage item. (4) A heritage impact statement required by this clause should include recommendations for the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

53 Conservation incentives Consent may be granted to the use of a building that is a heritage item, or of the land on which such a building is erected (even though the use would be otherwise prohibited by this plan) if the consent authority is of the opinion that: (a) the retention of the heritage item depends on the granting of consent, and (b) the proposed use will be in accordance with a conservation management plan which has been prepared to the satisfaction of the Council, and (c) the granting of consent to the proposed use will ensure that all necessary conservation work identified in the conservation management plan is carried out, and (d) the proposed use will not adversely affect the heritage significance of the heritage item or its setting, and (e) the proposed use will not adversely affect the amenity of the surrounding area.

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Lake Macquarie Local Environmental Plan 2004 Clause 54

Heritage provisions Part 6

54 Development in heritage conservation areas (1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area. (2) In forming that opinion, the consent authority must consider, where relevant: (a) the scale, bulk and form, including detailing and articulation, of the building, and (b) the pitch and form of the roof, and (c) the style, size, proportion and position of the openings for windows or doors, and (d) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building, and (e) any other matter that the consent authority considers relevant to the assessment of the application.

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Clause 55 Lake Macquarie Local Environmental Plan 2004

Part 7 Administrative provisions

55 Acquisition of land required for community purposes (1) The owner of land within Zone 2 (1), 3 (1), 4 (1), 4 (2), 5, 6 (1), 6 (2), 7 (1), 7 (2) or 10 and shown cross-hatched (but not otherwise hatched) on the map may, by notice in writing, require the Council to acquire the land. (2) On receipt of a notice referred to in subclause (1), but subject to subclause (3), the Council must acquire the land. (3) However, nothing in this plan, other than subclause (4), requires the Council to acquire land: (a) if the land may be required to be dedicated to the Council as a condition of consent to the carrying out of development, or (b) within Zone 6 (1) if, in the opinion of the Council, the need for the open space has not yet been created by residential development in the vicinity. (4) On receipt of a notice referred to in subclause (1), the Council must acquire land within Zone 6 (1) if the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

56 Interim development of land required for community purposes (1) A person must not carry out development without development consent on land within Zone 2 (1), 3 (1), 4 (1), 4 (2), 5, 6 (1), 6 (2), 7 (1), 7 (2) or 10, and shown by cross-hatching on the map, before it is acquired in accordance with this plan. (2) A person must not carry out development on land referred to in subclause (1) that may be required to be acquired by the Council so as to render the land unfit for the purpose for which it is zoned. (3) Consent must not be granted for development of land referred to in subclause (1) before it is acquired in accordance with this plan unless the consent authority has considered: (a) the need for the proposed development on the land, and (b) the impact of the proposed development on the existing and likely future use of the land, and (c) the need to retain the land for its existing or likely future use, and

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Lake Macquarie Local Environmental Plan 2004 Clause 57

Administrative provisions Part 7

(d) the effect of the proposed development on the cost of acquisition, and (e) the imminence of acquisition, and (f) the cost of reinstatement of the land for the purpose for which the land is to be acquired. (4) Conditions may be imposed on such a consent that limit the period during which development may be carried out in accordance with the consent and require: (a) the removal of any structure or work for which the consent was granted, and (b) the reinstatement of the land or removal of any waste, refuse or contaminants, without the payment of compensation by the Council.

57 Acquisition of land required for State roads (1) The owner of any land within Zone 5 identified by hatching (other than cross-hatching) on the map may, by notice in writing, require the RTA to acquire that land. (2) On receipt of such a notice, the RTA must acquire the land if: (a) the land is vacant, or (b) the land is not vacant but: (i) is included in a 5 year works program of the RTA, current at the time of receipt of the notice, or (ii) the RTA will not give concurrence required by clause 56 for development of the land, or (iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. (3) The RTA is not required to acquire land if, because of development consent, that land could reasonably be expected to be dedicated for a State road.

58 Concurrence of RTA for interim development of land required for State roads (1) Consent may be granted for development of any land within Zone 5 that may be required to be acquired by the RTA before it is so acquired only with the concurrence of the RTA.

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Clause 59 Lake Macquarie Local Environmental Plan 2004

Part 7 Administrative provisions

(2) Before granting that concurrence, the RTA must take into consideration the following: (a) the effect of the proposed development on the cost of acquisition, (b) the imminence of acquisition, (c) the cost to reinstate the land for the purpose for which the land is to be acquired.

59 Acquisition of coastal land (1) This clause applies to land within Zone 7 (1) or 7 (4) shown by hatching (but not cross-hatching) on the map. (2) The owner of any land to which this clause applies may, by notice in writing, require the corporation to acquire the land. (3) On receipt of a notice referred to in subclause (2), the corporation must acquire the land, unless the land may be required to be provided as a condition of consent to the carrying out of development. (4) Despite any other provision of this plan, development may be carried out only with development consent on land to which this clause applies and only for the purpose of the following: (a) agriculture (and buildings incidental to the use of the land for agriculture), (b) dams, (c) drainage, (d) dwelling houses. (5) Consent to the carrying out of development on land to which this clause applies may be granted only with the concurrence of the Minister. (6) Before granting that concurrence, the Minister must take into consideration the following: (a) the need for the proposed development on the land, (b) the impact of the proposed development on the existing and likely future use of the land, (c) the need to retain the land for its existing or likely future use, (d) the effect of the proposed development on the cost of acquisition,

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Lake Macquarie Local Environmental Plan 2004 Clause 60

Administrative provisions Part 7

(e) the imminence of acquisition, (f) the cost to reinstate the land for the purpose for which the land is to be acquired.

60 Development on land adjoining Zones 5, 7 (1) and 8 (1) Consent must not be granted for development on land adjoining land within Zone 5 unless the consent authority is satisfied that the proposed development will be consistent with the efficient operation of the potential or existing infrastructure development within the zone. (2) Consent must not be granted to development on land adjoining or adjacent to land within Zone 7 (1) unless the consent authority is satisfied that the proposed development is consistent with the effective conservation of the land within Zone 7 (1) and its protection from adverse impacts, including stormwater run-off, erosion and sedimentation, pollution, weed infestation, feral or domestic animals, chemicals, nutrients and the like. (3) Consent must not be granted to development on land adjoining or adjacent to land within Zone 8 unless the consent authority has sent a copy of the development application to the Director-General of the Department of Environment and Conservation and considered any response received from that Director-General within 28 days of sending the copy.

61 Reclassification of community land (1) The public land referred to in Schedule 3 is classified or reclassified as operational land for the purposes of the Local Government Act 1993. (2) In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Schedule 3, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions or covenants affecting the land or any part of the land, except for: (a) any reservations that except land out of a Crown grant relating to the land, and (b) reservations of minerals (within the meaning of the Crown Lands Act 1989).

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Lake Macquarie Local Environmental Plan 2004 Clause 61

Administrative provisions Part 7

(3) Before the relevant amending plan inserted a description of land in Schedule 3, the Governor approved of subclause (2) applying to the land. (4) In this clause, the relevant amending plan, in relation to land described in Schedule 3, means this plan or, if the description of the land is inserted into that Schedule by another local environmental plan, that plan.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Schedule 1 Exempt development (Clause 8)

1 What is exempt development? (1) Development is exempt development if: (a) it is described in Column 1 of the Table to this Schedule, and (b) it is carried out within a zone specified for the development in Column 2 of that Table, and (c) it complies with the criteria specified for the development in Column 3 of that Table. (2) However, development is not exempt development if: (a) it is prohibited by this plan, or (b) it is not of minimal environmental impact, or (c) it is carried out on land described in clause 2 of this Schedule, or (d) it does not comply with any of the relevant general criteria for exempt development specified in clause 3 of this Schedule. (3) In measuring heights and maximum areas specified in the Table to this Schedule: (a) height is measured from natural ground level, and (b) a maximum area for a structure is the total of all areas occupied by the type of structure, unless otherwise stated.

2 Land on which there is no exempt development (1) Development is not exempt development if it is carried out on land that: (a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or (b) is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or (c) is land below the 1 in 100 year flood level if it involves the erection or use of a structure with a habitable room, or land below the 1 in 20 year flood level if it involves the erection or use of a structure with rooms none of which is habitable, except where otherwise indicated in the Table to this Schedule, or

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

(d) is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or (e) is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or (f) is identified as an Aboriginal place or known Aboriginal relic on a register kept by the National Parks and Wildlife Service, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or (g) is identified by a bush fire risk management plan approved under the Rural Fires Act 1997 as subject to medium or high bush fire risk, or (h) is land with a slope greater than 15 degrees, or (i) is identified as potential acid sulfate soil Class 1 or 2 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, except where the proposed development does not involve the movement of soils on the site, or (j) is identified as potential acid sulfate soil Class 3 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 500mm, or (k) is identified as potential acid sulfate soil Class 4 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 1.5 metres, or (l) is within a mine subsidence area, unless the proposed development has been formally approved, prior to commencement, by the relevant Mine Subsidence Board, or (m) is land on which a tree or native vegetation exists, where the proposed development involves clearing for which consent is required by clause 33, or (n) is the site of a heritage item or an item proposed by a draft environmental planning instrument to be a heritage item, or (o) is subject to an order under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 or Division 1 of Part 2 of Chapter 7 of the Local Government Act 1993, other than an order to demolish, that has not been complied with, or (p) is between a foreshore building line and the water body to which that line relates, or

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

(q) is within 40 metres of a watercourse, river, stream, creek or lake—where excavation of the land (not including footings for minor structures) is proposed, or (r) is a remediation site within the meaning of the Contaminated Land Management Act 1997 or land subject to an agreement with the Environment Protection Authority under section 26 of that Act for voluntary remediation.

3 Criteria that must be satisfied by all exempt development Development is exempt development only if it complies with all of the following general criteria relevant to the form of development: (a) all structures comply with the Building Code of Australia, including the standards identified in that code, (b) all structures and activities comply with the Council’s adopted building lines and setbacks, unless otherwise specified in the Table to this Schedule, (c) the development complies with all relevant development control plans and policies approved by the Council, (d) no existing condition of development consent or building approval affecting a site is contravened or compromised, (e) no structure is built over a sewer main, easement or natural watercourse and adequate clearance is provided to all sewer junction shafts, surcharge gullies, hot water service overflow pipes, and waste outlet pipes unless prior written agreement has been obtained from the Council or the local water and sewerage authority or supplier, as the case may require, (f) the development does not require the installation or alteration of a sewage management facility, (g) all structures have clearance from power lines in accordance with the relevant electricity authority or supplier, (h) all structures are built with new materials or second-hand materials which retain the structural adequacy and integrity of the material when new, (i) all structures are built with materials which match the design and appearance of any existing buildings on the site of the proposed development or in the immediate vicinity, (j) no structure or activity obstructs vehicular or human access,

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

(k) no structure is located within the curtilage of a swimming pool which compromises the effectiveness of the swimming pool safety barrier or fence, (l) all structures and activities comply with relevant legislation affecting their use and with statutory and other requirements of the Council and any other relevant public authorities. Table

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Access ramp to a All zones Maximum height of 1 metre (above natural ground building (for able and level). disabled persons) Maximum grade 1:14 and otherwise in compliance with AS 1428.1. Located so that the structure and its use do not obstruct carparking or vehicular access. Where part of a strata development, the approval of the owners corporation has been given. Installation must not impact on existing carparking provision.

Advertising structures All zones General criteria—in addition to the criteria for (see below for particular kinds of structures listed below: additional (a) maximum area 2 square metres in Zone 4 (1), requirements for 4 (2) or 4 (3), and particular kinds of (b) maximum area 1 square metre in all other advertising structures) zones, and (c) one sign per premises, and (d) signs must not cover mechanical ventilation inlet or outlet vents, and (e) advertising structures over public road to be at least 600mm from kerb/roadway edge, and (f) signs must not be illuminated or use flashing lights or similar devices for illumination, and

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt (g) must comply with Council’s signs requirements in Lake Macquarie Development Control Plan No 1, and (h) not erected on a heritage item unless with agreement of the Council and by using existing fixings approved for the purpose by the Council.

Advertising structures used for display of the following:

(a) Business Zones 2 (1) Satisfy general criteria above. identification and 2 (2) Maximum area 1 square metre. signs in residential areas

(b) Business Zones 3 (1) Suspended under awnings signs: identification and 3 (2) (a) satisfy general criteria above, and signs (b) securely fixed by metal supports, and (c) do not affect the structural integrity of the awning or building. Vertical or horizontal projecting wall signs: (a) satisfy general criteria above, and (b) securely fixed by metal supports, and (c) do not affect the structural integrity of the awning or building. Flush wall signs: (a) satisfy general criteria above, and (b) securely fixed. Top hamper signs: (a) satisfy general criteria above, and (b) securely fixed.

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Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

(c) Business Zones 4 (1), Satisfy general criteria above. identification 4 (2), 4 (3) Securely fixed by metal supports. signs in and 9 If over a public road, signs erected at a height no less industrial areas than 2.6m above ground level.

(d) Real estate Zones 1 (1), Satisfy general criteria above. signs 1 (2), 2 (1), For land in Zone 2 (1) or 2 (2), have a maximum (advertising 2 (2), 7 (1), area of: premises/land 7 (2), 7 (3), (a) 1.2 square metres for a “For Sale” sign, or for sale or rent) 7 (4) and 7 (b) 2.5 square metres for an auction sign. in residential, (5) For rural, environmental protection or conservation environmental land, have a maximum area of 2.5 square metres. protection and Only where it is attached to an existing approved rural zones structure eg fence, dwelling house or garage.

(e) Real estate Zones 3 (1), Satisfy general criteria above. signs 3 (2), 4 (1), Have a maximum area of 4.5 square metres. (advertising 4 (2), 4 (3), 5, premises/land 6 (2), 9 and for sale or rent) 10 in commercial, tourist and industrial areas

Aerials/antennae/ All zones For domestic use only. microwave antennae Only one (of each) per dwelling. ancillary to lawful Must not project beyond property boundary. dwellings (not Maximum height 6 metres above ridge of the roof or including satellite 10 metres above ground level if not attached to dishes—dealt with as building. separate provision Must not produce interference on nearby televisions, below) radios or electrical appliances.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Air conditioning units All zones Not located on the front facade of the dwelling. for a lawful dwelling Installation must not reduce the structural integrity or community of the building. building (attached to Any opening created is to be adequately external wall or weatherproofed. ground mounted) Noise level not to exceed 5dbA above ambient background noise level measured at the property boundary or wall of any dwelling on adjoining properties. Located wholly within the property boundaries of the subject site, not over any right-of-way or easement and not obstructing any essential accessway.

Amusement devices Zones 3 (1), The device is to be installed and is used for 1 day/ (being a small 3 (2), 6 (1) weekend events only. amusement device as and 6 (2) The device is erected on level ground of sufficient defined in the Local bearing capacity to support the device. Government The device is registered under the Occupational (Approvals) Health and Safety Regulation 2001. Regulation 1999) (eg The device is erected in accordance with all the dodgem cars, giant conditions set out in its certificate of registration. slides, jumping The device has a current logbook within the castles, merry-go- meaning of the Occupational Health and Safety rounds etc) Regulation 2001. The device is subject to a contract of insurance or indemnity to an unlimited amount or no less than $10,000,000 for each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability. The device meets with the operational requirements of the WorkCover Authority.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Arcade amusement Zones 3 (1), Located wholly within the subject premises. devices (eg pinball 3 (2) and 6 A total of no more than 5 devices are installed. machines, virtual (2) reality games etc)

Automatic teller Zones 3 (1), Wholly enclosed within an arcade or shopping mall machines (ATM) 3 (2), 4 (1), or, if facing a public footpath or street, the ATM 4 (2), 4 (3) must provide capacity for queuing and not hinder and 6 (2) free movement of pedestrians. It must: (a) be attached to the wall of a building, and (b) include a bin with adequate capacity to discourage littering.

Awnings, canopies All zones Maximum area of 30 square metres—for awnings. and storm blinds on Located wholly within property boundaries. existing dwellings for Minimum setback of 5 metres from side and rear which consent or a boundaries in rural and environmental protection building approval has and conservation zones. been granted Minimum setback of 900mm to side and rear boundaries in residential and commercial zones. Materials used are non-reflective. Roof water is discharged to street, easement, watercourse or otherwise without causing a nuisance. Maximum height of 2.7 metres. Complies with front boundary setbacks for the zone.

Awnings over trade Zones 4 (1), Maximum of 30 square metres. waste disposal points 4 (2) and 9 Maximum height of 2.7 metres. Must facilitate maintenance of the trade waste device and enable all weather use. Constructed in materials which match and/or complement the design and appearance of existing buildings. Located behind the building line. Complies with front boundary setbacks for the zone.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Barbecues ancillary to All zones Maximum area of 4 square metres. a building for which Maximum height of 2 metres. consent or a building Minimum setback of 900mm from side and rear approval has been boundaries. granted Minimum separation of 1,800mm from any adjoining dwelling.

Bed and breakfast Zones 1 (1), Complies with the Council’s Guide for Bed and establishments up to 2 1 (2), 2 (1), Breakfast Establishments. bedrooms 2 (2), 7 (1), Premises must have been inspected by the Council 7 (2), 7 (3), before use commenced. 7 (5) and 10

Bird aviaries (for Zones 1 (1), Maximum area of 10 square metres. domestic purposes 1 (2), 2 (1), Maximum height of 2.7 metres. only and not for the 7 (3) and 7 Floor to be impervious. keeping of fowls—see (5) Located in rear yard. “Fowl House”) Minimum setback of 900mm to a property boundary.

Bridges (pedestrian) Zones 2 (1), 5 Bridges to a maximum span of 5 metres, maximum and staircases and 6 (2) height of 2 metres above natural ground level installed in public (excluding height of handrails) and constructed by parks and recreation or for the Council. spaces Designed, fabricated and installed in accordance with the Building Code of Australia, relevant Australian Standards and any requirements of the Disability Discrimination Act 1992 of the Commonwealth.

Bus shelters All zones Must be suitably designed and constructed by or for the Council. Must reflect character and amenity of the area. Does not obstruct the line of sight of vehicular traffic.

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Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Located to enable safe and convenient access from both sides of the road by pedestrians including people with disabilities. Maximum area of 10 square metres. Non-reflective surface finishes. No advertising signs.

Bush regeneration and All zones Riparian and littoral foreshore stabilisation works riparian and littoral must: and foreshore (a) be undertaken by the Council or public stabilisation works authorities or by others on their behalf, and

(b) be limited to beach reconstruction/shaping up to a maximum of 500 square metres in area, bank stabilisation up to a maximum of 500 square metres, rock revetment up to a maximum of 1 metre in height, foreshore planting of endemic species, and removal (in accordance with the Council’s maintenance program) of silt deposition from storm water channels and outlets, and from artificial wetlands, and (c) involve only minor earthworks and site improvements, and (d) not have a deleterious effect on the location in which they are carried out or on other land.

Cabanas/gazebos and Zones 1 (1), Maximum area of 20 square metres. green houses 1 (2), 2 (1), Maximum height of 2.7 metres. 2 (2), 7 (3), Minimum setback of 900mm to side and rear 7 (5) and 10 boundaries in residential zones. Complies with the Council’s front boundary setbacks for the zone. Minimum setback of 5 metres to side and rear boundaries in rural and environmental protection zones. Constructed in non-reflective materials.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Carports Zones 1 (1), Behind front building line. 1 (2), 2 (1), Maximum area 36 square metres. 2 (2), 3 (1), Maximum height 2.7 metres. 3 (2), 4 (1), Minimum side and rear setback 900mm. 4 (2), 4 (3), Roof materials to be non-reflective. 7 (1), 7 (2), Roof water is discharged to street, easement, 7 (3), 7 (5), 9 watercourse or otherwise without causing a and 10 nuisance. Where structure fronts the street, maximum width of carport opening of 6 metres or 50% of lot frontage, whichever is less. Does not interfere with vehicle movements on site.

Charity bins/clothing Zones 3 (1), Must not result in more than three bins in any one and recycling bins 3 (2), 4 (1), location. 4 (2) and Located on private property and not in a public 4 (3) place.

Clothes hoist/line All zones Minimum setback 900mm from side and rear ancillary to a dwelling boundaries for any part of the structure. for which consent or a Adequately screened from a public place or road. building approval has Not located in front setback. been granted

Compost heaps Zones 1 (1), Maximum area 2 metres by 1 metre in residential 1 (2), 2 (1), zones. 2 (2), 7 (1), Maximum area 2 metres by 2 metres in rural 7 (2), 7 (3), conservation or environmental protection zones. 7 (5) and 10 Minimum side and rear setback for residential zones is 900mm. Minimum side and rear setback for rural conservation or environmental protection zones is 5 metres. Not located in front setback.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Cubby houses (see Zones 1 (1), Maximum height 2.4 metres. also “playground 1 (2), 2 (1), Maximum area 20 square metres. equipment”) 2 (2), 7 (1), Minimum setback of 900mm to side and rear 7 (2), 7 (3), boundaries. 7 (5) and 10 Not associated with commercial premises. Not located within the front setback. Not located so as to compromise the effectiveness of pool fencing.

Decks attached to Zones 1 (1), Maximum area 20 square metres. dwellings (roofed and/ 1 (2), 2 (1), Finished floor level not greater than 1 metre above or unroofed and open 2 (2), 7 (1), natural ground level. and/or enclosed)/patio 7 (2), 7 (3), Maximum width of 2 metres. abutting a dwelling 7 (5) and 10 For a timber deck—minimum clearance to the ground of 400mm and compliance with AS 3660 (termite control). Complies with the Council’s front boundary setbacks for the zone. Minimum setback of 900mm to side and rear boundaries in residential zones. Minimum setback of 5 metres to side and rear boundaries in rural, conservation and environmental protection zones. Roof water is discharged to street, easement, watercourse, or otherwise without causing a nuisance.

Demolition All zones Council has issued an order to demolish under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 or section 124 of the Local Government Act 1993. The structure did not or does not require development consent to be built, that is, its erection is exempt development. Demolition is carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Different use resulting Zones 3 (1) Consent was granted for the former use. from change of use of and 3 (2) Not where the current use is based on existing use shop to an office or rights, ie where the land use zone does not support other commercial the use. premises Does not include drug use rehabilitation clinics, including methadone clinics or safe injecting rooms. No change to arrangements for access/parking, loading and waste disposal. Does not increase the fire load in the structure. Must be a permitted use in the zone. Different use must not be for the purpose of a brothel.

Different warehouse Zones 4 (1), Floor area of warehouse less than 500 square metres. use resulting from 4 (2) and Consent was granted for the former warehouse use. change from another 3 (2) Different use is allowed by the zoning. warehouse use No change to arrangements for access/parking, loading and waste disposal. Does not increase the fire load in the structure or affect the fire safety measures of the building. Different use does not involve food related operations (for example, preparation, packaging, storage etc of food products).

Earthworks (rural) Zone 1 (1) Where the earthworks constitute one or more of the following: (a) levelling of land to a maximum of 300mm, (b) maintenance of drainage works, (c) backfilling of dams with not more than 5 megalitres storage capacity, (d) desilting of dams, (e) maintenance of existing access roads within property boundaries.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Fences/privacy All zones General requirements—in addition to the particular screens/trellises requirements listed for the different types of fences: (a) all fences are to be constructed so that they do not prevent the natural flow of stormwater drainage, (b) not between a foreshore building line and the water body in relation to which it is fixed, (c) maximum height 2 metres if constructed of timber, metal or light weight materials.

Fences—boundary All zones Maximum height of 2 metres if constructed of (side, front and rear timber, metal or light weight materials. fences and corner lots) Maximum height of 1 metre if constructed of brick or masonry. Corner lots—maximum height of 1 metre from corner of street intersection for 6 metres along both boundaries. Not between a foreshore building line and the water body in relation to which it is fixed.

Fences—electric Zones 1 (1), Where fence is to be erected in accordance with AS/ 1 (2), 7 (1), NZS 3014:2003, Electrical installations—Electric 7 (2), 7 (3) fences. and 7 (5)

Fences—masonry or All zones Maximum height of 1 metre. brick Not between a foreshore building line and the water body in relation to which it is fixed.

Fences—security Zones 3 (1), Chain wire fences around industrial zoned land, 3 (2), 4 (1), construction/demolition sites or Council owned or 4 (2), 4 (3) operated compounds or depots. and 9 Maximum height of 3 metres.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Flagpoles Zones 1 (1), Maximum height of 9 metres above natural ground 1 (2), 2 (1), level. 2 (2), 3 (1), 1 per site in residential zones, all other zones 1 per 3 (2), 4 (1), 20 metres of street frontage. 4 (2), 4 (3), 5, Flag and pole wholly located within property 6 (1), 6 (2), 9 boundary. and 10

Fowl house (for the Zones 1 (1), Maximum area of 50 square metres. keeping of chickens) 1 (2), 2 (1), Maximum height of 3 metres. 7 (3) and Minimum setback of 5 metres from side and rear 7 (5) boundary. Complies with the Council’s Guide for Keeping of Animals. Behind front building line. Materials used must blend with the environment and be non-reflective. Adequate drainage to be provided. Design of structure to enable disposal of manure and waste water in a manner that does not harm or pollute the local or downstream environment. Design of structure to mitigate the effects of any noxious smell on the locality. Complies with Division 2 of Schedule 5 to the Local Government (Orders) Regulation 1999 (Standards for keeping birds or animals—Keeping of poultry).

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Fuel tanks—used in Zones 1 (1), Maximum size of 5,000 litres. conjunction with 1 (2), 7 (2), Located wholly within the boundaries of the agricultural activities 7 (3), 7 (5) property. or home business for and 9 Bunded with capacity to contain at least 110% of the which consent granted capacity of the fuel tank. Constructed of prefabricated metal, free-standing and not relying on other structures for support. Operated and maintained in accordance with AS 1940—1993, The storage and handling of flammable and combustible liquids. Not erected within 30 metres of a creek or boundary to the street or within 5 metres of a side or rear boundary. Minimum setback of 20 metres from adjoining dwellings.

Garden sheds (free Zones 1 (1), Maximum floor area of 20 square metres. standing and 1 (2), 2 (1), Maximum overall height of 2.4 metres above ground prefabricated) 2 (2), 7 (2), level. 7 (3), 7 (5) Minimum of 900mm from side or rear boundary. and 10 Located in the rear yard and not within front building setback. Constructed using non-reflective materials. Roof cladding is securely fixed to roof beams or rafters. Supporting posts are securely fixed to concrete footings or slabs. Roof water is discharged to street, easement, watercourse or otherwise without causing a nuisance. Maximum 2 sheds per property.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Goal posts, sight Zone 6 (1) Construction by or for the Council and installed in screens, promotional accordance with any relevant SAA standards. signs and similar Located in public parks or recreation areas. ancillary sporting Promotional signs not to face public road. structures on sporting Promotional signs only to be fixed to an existing or playing fields for structure. use in the playing and/ Promotional signs maximum height 1 metre and or performance of maximum width 3 metres. sporting events (excluding grandstands, dressing sheds and other such structures)

Hail protection Zones 1 (1) Only if ancillary to agricultural use and consisting of and 1 (2) light construction (eg poles, wire and mesh).

Home occupation All zones Must be carried out in an existing dwelling for which consent or a building approval has been granted. Dwelling cannot be based on existing use rights (ie where the land zone does not support the use). No goods are sold from the premises.

Horse stables and Zone 1 (1) Maximum area of 20 square metres. animal shelters Maximum height of 3 metres. keeping up to 4 horses Minimum setback of 5 metres from side and rear boundary and not in front of the building line or in front of any dwelling. Constructed of timber (cut or round) or metal. Materials used must have non-reflective properties and earth tones and finishes which complement native vegetation. Adequate drainage to be provided. Design of structure to enable disposal of manure and waste water in a manner that does not harm or pollute the local or downstream environment.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Design of structure to mitigate the effects of any noxious smell on the locality. Complies with Division 3 of Schedule 5 to the Local Government (Orders) Regulation 1999 (Standards for keeping birds or animals—Keeping of horses and cattle).

Horse stables and Zones 1 (2), Maximum area of 10 square metres. animal shelters 7 (3) and Minimum setback of 5 metres from side and rear keeping up to 2 horses 7 (5) boundary and not in front of the building line or in front of any dwelling. Constructed of timber (cut or round) or metal. Materials used must have non-reflective properties and earth tones and finishes which complement native vegetation. Adequate drainage to be provided. Design of structure to enable disposal of manure and waste water in a manner that does not harm or pollute the local or downstream environment. Design of structure to mitigate the effects of any noxious smell on the locality. Complies with Division 3 of Schedule 5 to the Local Government (Orders) Regulation 1999 (Standards for keeping birds or animals—Keeping of horses and cattle).

Letter box All zones Maximum height of 1 metre above ground level. (freestanding or in Only 1 letterbox per occupancy. “banks”) Appropriate numbering for each letterbox. Structurally stable with adequate footings located wholly within the site.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Minor internal All zones in Non-structural work only, such as: alterations to domestic which a (a) replacement of door, wall, ceiling or floor single dwellings dwelling is linings, or deteriorated frame members with permissible equivalent or improved quality materials, (b) renovations of bathrooms or kitchens, inclusion of built-in fixtures such as vanities cupboards and wardrobes. Alterations or renovations must be to completed buildings for which consent or a building approval has been granted. Work not to include changes to the configuration of rooms, whether by removal of existing walls, partitions or by other means. Work not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas.

Park and street All zones Construction by or for the Council and designed, furniture, seats, bins, fabricated and installed in accordance with any picnic tables, minor relevant SAA standards. shelters and Located on land under control of Council, or on alterations, street neighbourhood property under a neighbourhood signage (non scheme. promotional) and lighting

Patio—at existing Zones 1 (1), Maximum area of 20 square metres. ground level and 1 (2), 2 (1), Maximum height of 1 metre above natural ground abutting a dwelling 2 (2), 7 (1), level. 7 (2), 7 (3), Stormwater from patio surface is discharged to 7 (5) and 10 street, easement, watercourse, or otherwise without causing a nuisance. Sufficient step down is to be provided to prevent the entry of water into the dwelling. Minimum setback of 900mm to side and rear boundaries in residential zones.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Minimum setback of 5 metres to side and rear boundaries in rural conservation and environmental protection zones. Complies with the Council’s front boundary setbacks for the zone.

Pergola Zones 1 (1), Maximum area of 30 square metres. 1 (2), 2 (1), Maximum height of 2.7 metres. 7 (1), 7 (2), If the roof is pitched, then as long as no part of the 7 (3), 7 (5) pitched roof is closer than 3 metres from the side and and 10 rear boundaries, the maximum height of the pitched section is 3.5 metres. Minimum setback of 900mm to side and rear boundaries in residential zones. Minimum setback of 5 metres to side and rear boundaries in rural or environmental protection zones. If roofed, roof water is discharged to street, easement, watercourse, or otherwise without causing a nuisance. Complies with the Council’s front boundary setbacks for the zone.

Plan of management Land Development is in accordance with plan of sanctioned classified as management approved by the Council. construction of minor community in structures, replacing a any zone structure within the same footprint, or undertaking minor work as defined within an approved plan of management, and maintenance of any of the above

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Playground equipment Land Construction by or for the Council or the on land classified as classified as Department of Education and Training, as community land community applicable. (where a plan of land or land Designed, fabricated and installed in accordance management for the on which a with AS 1924 and AS 2155. structures approved by school has Initial installation of facilities only—if not the Council exists) or been sanctioned by an approved plan of management. on school land consented to

Playground equipment Zones 1 (1), If for residential use: on land not controlled 1 (2), 2 (1), (a) Maximum height of 2.1 metres. by the Council and not 2 (2), 3 (1), (b) Maximum ground coverage of 10 square on school land 3 (2), 4 (2), metres. 4 (3), 6 (2), If for non-residential use: 7 (1), 7 (2), (a) Maximum height of 2.1 metres. 7 (3), 7 (5) and 10 (b) Maximum ground coverage of 10 square metres. (c) Provision of soft landing surfaces.

All equipment: (a) Designed, fabricated and installed in accordance with AS 1924 and AS 2155. (b) Installed in accordance with manufacturer’s specifications.

Ponds/pools Zones 1 (1), Pond or pool is less than 300mm in depth. 1 (2), 2 (1), Area of pond or pool is less than 10 square metres. 2 (2), 3 (1), Not located within front setback. 3 (2), 4 (1), 4 (2), 4 (3), 6 (2), 7 (3) and 7 (5)

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Public meetings—use All zones The Class 9b building has development consent or a of Class 9b buildings building approval. for this purpose Where the meeting is conducted for a not-for-profit or other charity fundraiser. Notice of event provided in writing to the Council at least 14 days in advance. No structural alteration to the premises. Compliance with the Food Act 2003, where refreshments are served.

Public signs All zones Located within a public road or footway or (directional traffic neighbourhood property under a neighbourhood advisory/warning and scheme. information signs) Erected by or on behalf of the Council or the Roads and Traffic Authority.

Re-cladding of roofs All zones Existing materials replaced with similar materials. or walls including Re-cladding not to involve structural alterations. repair/maintenance of Non-reflective materials used. damaged materials Does not contravene the requirements of the Mine Subsidence Board for buildings in mine subsidence districts. Additional requirements for roof replacement: (a) where an existing roof is being replaced with the same material (ie metal to metal or tile to tile) and does not include changing the pitch of the roof, (b) if the work involves a metal roof where no electrical earthing arrangement is in place, the recladding of the roof shall include installation of such an arrangement in accordance with AS 3000—1986.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Retaining walls All zones Maximum height 1 metre. Masonry walls to comply with: (a) AS 3700—Masonry Code, (b) AS 3600—Concrete Structures, (c) AS 1170—Loading Code. Timber walls to comply with: (a) AS 1720—Timber Structures, (b) AS 1170—Loading Code. All retaining walls are to be constructed so that redirected water is disposed of without causing a nuisance to adjoining properties, and allow for adequate release of water likely to build up behind the wall.

Road works, being: All zones Effective erosion and sediment control provisions (a) maintenance, must be designed and implemented. of all works and structures within the road reserve, including rehabilitation and reconstruction of pavements, (b) installation of traffic lights, traffic calming devices and pedestrian facilities, (c) installation of kerb and gutter and associated drainage works,

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt (d) minor drainage works, (e) making driveway crossings, (f) linemarking, (g) signposting, (h) sealing of gravel roads and areas, (i) footpaving and associated works.

Satellite dishes All zones Residential, rural and conservation/environmental protection zones: (a) Maximum diameter of 900mm. (b) Maximum height of 9 metres above existing ground level. (c) The installation does not encroach on any easements, rights-of-way, vehicular access or parking required for the property. All other zones: (a) Maximum diameter 1,500mm. (b) The installation does not encroach on any easements, rights-of-way, vehicular access or parking required for the property. (c) The installation does not obscure any landscaping required for the property.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Shade structures— Zones 1 (1), Maximum height of support pole not to exceed 4 open weave fabric or 1 (2), 2 (1), metres. mesh shade structures 2 (2), 3 (1), Average height of structure not to exceed 3 metres. on residential 3 (2), 4 (1), Maximum area not to exceed 30 square metres for properties, schools, 4 (2), 4 (3), 5, residential properties and childcare centres in childcare centres, and 6 (1) residential zones. public playgrounds, Maximum area not exceeding 60 square metres in rural, conservation other places except in a rural zone where the and environmental structure is ancillary to the agricultural use of the zones land. Located behind the dwelling or building. Minimum setback of 900mm to side and rear boundaries in residential zones. Minimum setback of 5 metres to side and rear boundaries in rural conservation and environmental protection zones. Shade fabric is not to be placed vertically. The fabric is properly tensioned to accommodate prevailing wind loads, prevent wind generated noise and to facilitate drainage.

Shade structures (bird Zone 1 (1) nets and the like)

Silos Zone 1 (1) Maximum capacity 120 tonnes. Maximum height 9 metres. Constructed of prefabricated metal. Freestanding and not relying on other structures for support and erected in accordance with the manufacturer’s specifications and/or an engineer’s certification. Minimum setback to property boundary being equivalent to the height of the silo plus 1 metre. Minimum front setback 30 metres.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Skylight roof Zones 1 (1), windows (including 1 (2), 2 (1), solartube or similar 2 (2), 7 (1), type installations) 7 (2), 7 (3), 7 (5) and 10

Solar water heaters Zones 1 (1), 1 (2), 2 (1), 2 (2), 7 (1), 7 (2), 7 (3), 7 (5) and 10

Stockyards and Zones 1 (1) Maximum yard area of 1 hectare. shelters used in and 1 (2) Maximum height of shelters 3 metres. conjunction with Shelter constructed of timber or metal. normal agricultural Minimum setback of 5 metres from side/rear activities (excluding boundary and not located in front of the building line commercial or or in front of any dwelling. intensive uses) A minimum of 40 metres to any dwelling. All runoff collected and treated to prevent pollution of any watercourse. Minimum front setback of 30 metres for shelters. Maximum area of shelter 120 square metres.

Street signs All zones Constructed by or for the Council. comprising name Designed, fabricated and installed in accordance plates, directional with relevant SAA standards. signs and advance traffic warning signs

Subdivision: All zones Subdivision certificate must be endorsed by the (a) road widening, Council. (b) creating of public reserves,

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt (c) creating drainage reserves, (d) consolidating allotments.

Subdivision works: Zones 2 (1) and 2 (2)

(a) Battleaxe Maximum length of battleaxe drive 50 metres. driveways Longitudinal grade < 16%. The height of any cut or fill, or the total height of a combination of cut and fill for the driveway is a maximum of 1 metre. To be constructed in accordance with the Council’s Subdivision Requirements and NSW Department of Housing Construction Specifications. Any stormwater flows which are concentrated, as a result of the works, must be directly connected to a formed drainage system.

(b) Interallotment Zones 2 (1) Where the interallotment drainage works will be drainage and 2 (2) only on the land being subdivided. Where the interallotment drainage serves less than 4 lots. To be constructed in accordance with Department of Housing Construction Specifications. Pipe to be 150mm minimum diameter and of UPVC sewer grade. Connection to kerb must be via 2 x 90mm minimum diameter outlets or equivalent rectangular hollow section.

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Lake Macquarie Local Environmental Plan 2004

Schedule 1 Exempt development

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt

Temporary site All zones Maximum area 20 square metres. sheds—less than 6 Maximum height 2.7 metres. months Roof water is discharged to street, easement, watercourse or otherwise without causing a nuisance. Where a formal development consent or complying development certificate is not in force for the site.

Temporary structures: All zones Located wholly within property boundary. (a) portaloos, Marquees and mini stages not in place longer than 1 (b) marquees, week. Maximum gross floor area is 20 square metres. (c) mini stages.

Water heaters All zones Located in rear or side yard. (excluding solar Screened, if visible from the street. system)—new and Must not reduce the structural integrity of the replacement building or involve structural alterations. installations Installation to be carried out by a licensed person.

Water tanks at or Zones 1 (1), Generally: above ground level 1 (2), 2 (1), (a) The tank and any stand to be installed in 2 (2), 7 (1), accordance with manufacturers’ 7 (2), 7 (3), specifications. 7 (5), 9 and (b) If within residential zones: 10 (i) Maximum diameter or width 3 metres. (ii) Minimum setback 900mm to side and rear boundaries. (iii) Maximum height 2.4 metres. (iv) Behind the building line and not in front of the dwelling. (v) Noise from pumps not to exceed 5dbA at the wall of a dwelling on any adjoining property.

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Lake Macquarie Local Environmental Plan 2004

Exempt development Schedule 1

Column 1 Column 2 Column 3

Erection (or Zones in Circumstances where exempt installation) and use, which or carrying out, of development the following: is exempt (c) If within rural zones: (i) Maximum diameter or width 4.5 metres. (ii) Minimum setback 5 metres to side and rear boundaries. (iii) Maximum height 2.4 metres. (iv) Located behind the building line. (v) Noise from pumps not to exceed 5dbA at the wall of a dwelling on any adjoining property.

Windows, glazed Zones 1 (1), Replacement in residential premises with materials areas and external 1 (2), 2 (1), that comply with: doors 2 (2), 3 (1), (a) AS 1288, Glass in buildings—Selection and 3 (2), 4 (1), installation, and 4 (2), 4 (3), (b) AS 2208, Safety Glazing Materials for Use in 7 (1), 7 (2), Buildings (Human Impact Considerations). 7 (3) and 7 No reduction in the area provided for light and (5) ventilation. No removal of structural support members in affected walls.

Windpumps (for Zones 1 (1) Located wholly within the boundaries of the pumping water etc but and 1 (2) property and not to encroach onto any registered not for commercial easement. power generation) Freestanding and not relying on other structures for support. Built in accordance with engineer’s certification for the structure and footings. Maximum height 9 metres.

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Lake Macquarie Local Environmental Plan 2004

Schedule 2 Subdivision standards

Schedule 2 Subdivision standards (Clause 24)

Subdivisions not for the purpose of a Subdivisions for the strata, community, precinct or purpose of a neighbourhood scheme neighbourhood scheme

Standard Battle axe Other Site area and Density (rectangular) lot size irregular lot size lot size shaped lot

Zone and land use

1 (1) Rural 20 hectares (frontage not specified). Neighbourhood lots as per (Production) minimum applicable lot size opposite.

1 (2) Rural 1 hectare (frontage not specified). 5 hectares and 8 lots/5 (Living) 1,600m2. hectare eg 12 No on 7.5 ha, 16 neighbourhood on 10 ha etc. lot is to have direct frontage to a public road.

2 (1) Residential Subdivision creating ≥10 lots is to provide a minimum of 20% of all lots as standard lots and 10% of all lots for small lot housing. Alternatively, all lots may be used for small lot housing if each lot is not less than 1,000m2.

Dwelling-house, 450m2 600m2 450m2 Neighbourhood lots as per not included in (14 metres), but (4 metres for 12 x 25 minimum applicable lot size small lot housing corner lot (two one, 5 metres metres opposite. or dual street frontages, for two, battle (14 metres). occupancy— vacant land) axe lots. detached 600m2 (18 metre No more than principal two battle axe frontage and lots to share a width of the single access allotment). way).

Small lot housing ≥250m2 and Prohibited. ≥250m2 and Neighbourhood lot size ≥250m2 <450m2 <450m2 and <450m2. (frontage not (frontage not specified). specified).

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Lake Macquarie Local Environmental Plan 2004

Subdivision standards Schedule 2

Subdivisions not for the purpose of a Subdivisions for the strata, community, precinct or purpose of a neighbourhood scheme neighbourhood scheme

Standard Battle axe Other Site area and Density (rectangular) lot size irregular lot size lot size shaped lot

Zone and land use

Dual occupancy— 600m2 600m2 Neighbourhood lots as per detached (17 metres). parent lot minimum applicable lot size. development (17 metres).

Dual occupancy— 500m2 500m2 Neighbourhood lots as per attached (17 metres). (17 metres). minimum applicable lot size. development Corner lot (two street frontages). Areas as specified above. (20 metres as width of the allotment).

2 (2) Residential (Urban Living)

Small lot housing 1,000m2 parent Prohibited. 1,000m2 Neighbourhood lot size must be lot. parent lot. ≥250m2 and <450m2. All lots created All lots must be ≥250m2 created must 2 and <450m2. be ≥250m and <450m2.

Multiple dwelling 900m2 1,500m2 900m2 Neighbourhood lots as per housing (25 metres), but (8 metres). 20 x 30 minimum applicable lot size development corner lot (two metres opposite. street (25 metres). frontages) 1,200m2 (30 metres—as width of the allotment).

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Lake Macquarie Local Environmental Plan 2004

Schedule 2 Subdivision standards

Subdivisions not for the purpose of a Subdivisions for the strata, community, precinct or purpose of a neighbourhood scheme neighbourhood scheme

Standard Battle axe Other Site area and Density (rectangular) lot size irregular lot size lot size shaped lot

Zone and land use

Residential flat 1,200m2 2,000m2 1,200m2 Neighbourhood lots as per building (30 metres), but (18 metres). 25 x 35 minimum applicable lot size corner lot (two metres opposite. street (30 metres). frontages) 1,500m2 (30 metres—as width of the allotment).

3 (1) Urban No numeric standards. Centre (Core)

3 (2) Urban No numeric standards. Centre (Support)

4 (1) Industrial 4,000m2 4,000m2 4,000m2 Neighbourhood lots as per (Core) (40 metres). (12 metres). 35 x 50 applicable lot size opposite. metres (40 metres).

4 (2) Industrial 1,500m2 1,500m2 1,500m2 Neighbourhood lots as per (General) (25 metres). (9 metres). 20 x 35 applicable lot size opposite. metres (25 metres).

4 (3) Industrial 1,500m2 1,500m2 1,500m2 Neighbourhood lots as per (Urban (25 metres). (9 metres). 20 x 35 applicable lot size opposite. Services) metres (25 metres).

5 Infrastructure No numeric standards.

6 (1) Open Space No numeric standards.

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Lake Macquarie Local Environmental Plan 2004

Subdivision standards Schedule 2

Subdivisions not for the purpose of a Subdivisions for the strata, community, precinct or purpose of a neighbourhood scheme neighbourhood scheme

Standard Battle axe Other Site area and Density (rectangular) lot size irregular lot size lot size shaped lot

Zone and land use

6 (2) Tourism and No numeric standards. Recreation

7 (1) Conservation 40 hectares (frontage not specified), but 100 hectares (frontage not specified) within (Primary) South Wallarah Peninsula being land east of the Pacific Highway and south of the land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies.

7 (2) Conservation 40 hectares (frontage not specified) in all cases. (Secondary)

7 (3) 40 hectares (frontage not specified). 40 hectares and 4 lots/40 Environmental Must be able to contain a minimum area of 40 x 2,500m2. hectares eg 5 (General) 40 metres on a less than 1 in 5 slope. No on 50 ha etc. neighbourhood lot must have direct frontage to a public road.

7 (4) No numeric standards. Environmental (Coastline)

7 (5) 2 hectares (frontage not specified). 10 hectares and 10 lots/10 Environmental Must include a minimum area of 40 x 40 metres 2,500m2. hectares (Living) with a less than 1 in 5 slope. No eg 15 on 15 neighbourhood ha etc. lot must have direct frontage to a public road.

8 National Park No numeric standards.

9 Natural No numeric standards. Resources

10 Investigation Prohibited.

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Lake Macquarie Local Environmental Plan 2004

Schedule 2 Subdivision standards

Subdivisions not for the purpose of a Subdivisions for the strata, community, precinct or purpose of a neighbourhood scheme neighbourhood scheme

Standard Battle axe Other Site area and Density (rectangular) lot size irregular lot size lot size shaped lot

Explanation of entries in Table

Minimum area Minimum area Minimum Minimum site The figure unless stated as unless stated area. area and includes any a maximum. as a maximum. To include a maximum existing The figure Excludes area rectangular neighbourhood dwellings to be shown in of access way, building site lot size. retained as part brackets is the where the of the The remainder of the minimum road access way specified size. of the site area development. frontage. provides the The figure not included in Figure All lots created only street shown in neighbourhood provided as a are to have frontage. brackets is the lots is the ratio of frontage to a The figure minimum lot neighbourhood neighbourhood public road. shown in frontage at the property. lots to site area. brackets is the front building Each minimum setback. neighbourhood access way All lots lot created in a width. created are to rural or All lots have frontage environmental created are to to a public zone is to have have frontage road. at least one to a public common road. boundary with another neighbourhood lot as part of a “cluster” development.

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Lake Macquarie Local Environmental Plan 2004

Reclassification of community land as operational land Schedule 3

Schedule 3 Reclassification of community land as operational land (Clause 61)

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites (Clause 49 and Dictionary)

Part 1 Heritage items other than of indigenous origins In this Schedule, for the purpose of listing property descriptions, the symbol S means identified as of State significance, R means identified as of regional significance, L means identified as of local significance, PO means Permissive Occupancy, MS means miscellaneous, MD means Maitland and SP means strata plan.

Item No Significance Item Address Property description

Argenton

AG-01 L Newcastle Mines 533 Lake Rd Lot 2, DP 599235 Rescue Station

AG-02 L Former Cockle 2 (over) Cockle Creek Creek Railway Bridge (also see RT-09)

AG-03 L Cockle Creek 3 (over) Cockle Creek Railway Bridge (also see RT-03)

AG-05 L Church Hall and 477 Lake Rd Lot 1, DP 125686 Anglican Church 475 Lake Rd Lot 2, DP 125686

AG-06 L Speers Point Tram Route Frederick St (also see RT-02)

Awaba

AW-05 L Gatekeeper’s Cottage 1 Wilton Rd Lot 1, DP 817297

Barnsley

BY-02 L Johnston Family 14A Taylor Ave Lot 100, DP 630296 Cemetery

BY-03 L Former Barnsley 91 Appletree Rd Lot 2, DP 1001812 Public School

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

Belmont

BM-01 L House “Yarragee” 23 Bellevue Rd Lot 1, DP 881605

BM-04 L Captain Bain’s House 15 George St Lot 2, DP 13715

BM-05 L House “The Bennals” 45 Walter St Lot D, DP 402085

BM-08 L Former Ferry Wharf 55 Brooks Pde Belmont Wharf

Belmont North

BN-01 L Former John 65 John Fisher Rd Lot 1, DP 814551 Darling Colliery 85 John Fisher Rd Lot 2, DP 814551 75 John Fisher Rd Lot 3, DP 814551 55 John Fisher Rd Lot 4, DP 814551 John Darling Avenue Lot 11, DP 1027724

BN-04 L Former Staff Houses, 3 Maranatha Cl Lot 12, DP 848941 Colliery Row 7 Maranatha Cl Lot 14, DP 848941 9 Maranatha Cl Lot 15, DP 848941 21 Maranatha Cl Lot 120, DP 853391

Blackalls Park

BK-02 L Railway Bridges 2 (over) Mudd Creek and 2 (over) Stony Creek (also see RT-11)

BK-03 L Railway Station 26 South Pde (also see RT-11)

Blacksmiths

BL-01 L Fisherman’s 167 Ungala Rd Lot 3, Section 23, Cottage DP 237547

Boolaroo

BR-01 L Group of 4 Cottages 8 Creek Reserve Rd Lot 11, DP 616785 10 Creek Reserve Rd Lot 1, DP 301687 12 Creek Reserve Rd Lot 3, DP 8704 14 Creek Reserve Rd Lot 4, DP 8704

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

BR-02 L Former Boolaroo 91 Main Rd Lot 2, DP 809177 Post Office

BR-04 L Former Motor Garage 19 Main Rd Lot 1, DP 125272

BR-05 L Commercial Hotel 2 Main Rd Lot 1, Section A, DP 3494, Lot 2, Section A, DP 3494

BR-06 L House “Alida” Lakeview Rd Lot 4, Section M, DP 3494

Booragul

BU-01 L Colliery Relics 155 Old Main Rd Lot 33, DP 858667

BU-02 L House “Awaba Park” 82 Marmong St Lot 120, DP 855520 2b First St Pt Lot 33, DP 755262

BU-03 L Quigley Grave 24 Park Pde Lot 466, DP 774186, Pt Lot 468, DP 774186

Cams Wharf

CW-01 L Lord of the Manor Cams 13 Cams Wharf Rd Pt Lot 2, DP 616354 Cottage

Cardiff

CF-01 L Row of 4 Shops with 275 Main Rd Lot 21, DP 544989 Cottages 279 Main Rd Lot 22, DP 544989

CF-02 L Brick Shops 281 Main Rd Lot 4, DP 10789

CF-04 L Former Doctor’s 8 Michael St Lot 2, DP 214463 Surgery

CF-05 L House 6 Michael St Lot 1, DP 214463

CF-08 L Cardiff Masonic Hall 4 Margaret St Lot 12, Section B, DP 8186

CF-09 L House 309 Main Rd Pt Lot 34, DP 755233

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

CF-15 L St Kevin’s Cottage 230 Main Rd Lot 1, DP 1015805

CF-16 L St Kevin’s Church 226 Main Rd Lot 3, Section A, DP 4143

CF-17 L Former Miner’s Cottage 251 Main Rd Lot 1, DP 303203

Cardiff South

CS-01 L Former Colliery 14a Almora Cl Lot 38, DP 827464 Tramway 180 Macquarie Rd Lot 17, DP 727746 235 Macquarie Rd Lot 673, DP 805546 (also see RT-15)

Catherine Hill Bay

CH-03 L Police Station and Lock 23–27 Clarke St Lot 1, Section F, DP Up 163, Lot 3, Section F, DP 163, Lot 5, Section F, DP 163

CH-04 L Wallarah Hotel 24 Clarke St Lot 1, Section D, DP 163

CH-05 L Cottages 10 Clarke St Lot 71, DP 222717 12 Clarke St Lot 72, DP 222717

CH-06 L Cottages 21 Clarke St Lot 78, DP 222717 19 Clarke St Lot 79, DP 222717

CH-07 L Cottage 17 Clarke St Lot 80, DP 222717

CH-08 L Cottages 9 Clarke St Lot 84, DP 222717 7 Clarke St Lot 85, DP 222717 5 Clarke St Lot 86, DP 222717 3 Clarke St Lot 87, DP 222717

CH-10 L Cottage 3 Lindsley St Lot 54, DP 222717

CH-12 L Cottage 11 Lindsley St Lot 58, DP 222717

CH-13 L House “Wallarah 1a Keene St Lot 2031, DP 841175 House”

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

CH-14 L Coal Loader Jetty Southern end of the Lot 2031, DP 841175 beach

CH-16 L Catherine Hill Bay Mine Camp to the coal Colliery Railway loader jetty (also see RT-18)

CH-17 L House and 4 Norfolk 38 Flowers Dr Lot 22, DP 593154 Pines

CH-19 L Anglican Church 71 Flowers Dr Lot 21, DP 593154

CH-21 L Group of cottages 27 Flowers Dr Lot 14, DP 222943 29 Flowers Dr Lot 15, DP 222943 31 Flowers Dr Lot 16, DP 222943 33 Flowers Dr Lot 17, DP 222943 35 Flowers Dr Lot 18, DP 222943 37 Flowers Dr Lot 19, DP 222943 42 Flowers Dr Lot 41, DP 222943 44 Flowers Dr Lot 42, DP 222943 46 Flowers Dr Lot 43, DP 222943 48 Flowers Dr Lot 44, DP 222943 50 Flowers Dr Lot 45, DP 222943 54 Flowers Dr Lot 47, DP 222943 56 Flowers Dr Lot 48, DP 222943 58 Flowers Dr Lot 49, DP 222943

CH-22 L Hall 1 Northwood Rd Lot 1, DP 407474

CH-24 L House 26 Flowers Dr Lot 1, DP 952963

CH-27 L House 38 Flowers Dr (off Lot 22, DP 593154 Colliery Rd)

CH-32 L Cemetery 8 Northwood Rd Lot 7079, DP 1029250

Charlestown

CT-01 L Miners’ Cottages 300 Charlestown Rd Lot 2, DP 33470 304 Charlestown Rd Lot 4, DP 33470 306 Charlestown Rd Lot 5, DP 33470 308 Charlestown Rd Lot 6, DP 33470

CT-03 L Cottage 32 Smith St Lot 1, DP 213865

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

CT-04 L Brick Cottage 36 Smith St SP 43904

Coal Point

CP-01 L Threlkeld’s Mine 359 Coal Point Rd Lot 172, DP 1037893

Cooranbong

CB-01 L Grave “Frost’s Rest” 1 Frost Rd Lot 7, DP 665945

CB-02 L Catholic Church and 6 Martinsville Rd Lot 1, DP 197852 Cemetery

CB-03 L Former Post Office 41 Martinsville Rd Lot 120, DP 755223

CB-06 L House 9 Kings Rd Lot 3, DP 549007

CB-07 L House 8 Kings Rd Lot 1, DP 798409

CB-08 L North Corrumbung 100 Martinsville Rd Land in Deed of Cemetery Conveyors Vol 687, Fol 202

CB-09 L Suspension Footbridge Off Victory St— Crosses Dora Creek

CB-17 L Water Tower 15 Central Rd Lot 20, DP 3534

CB-18 L Bethel Hall 50 Central Rd Lot 18, DP 129134

CB-21 L College Hall 50 Central Rd Lot 18, DP 129134

CB-22 L Science Hall 50 Central Rd Lot 18, DP 129134

CB-23 L House “The Laurels” 50 Central Rd Lot 18, DP 129134

CB-24 L Auditorium 50 Central Rd Lot 9, Section 7, DP 3533

CB-26 L Sanitarium Health Foods 70 Central Rd Lots 6, 7 and 8, Section Factory 70 Central Rd 1, DP 3533 50 Central Rd Lot 1, DP 938761 50 Central Rd Lot 18, DP 129134

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

CB-27 L Sanitarium Dairy Farm 15 Central Rd Lots 7 to 22, DP 3534, Pt Lots 18 to 23, Sec 3, DP 3533

CB-28 L House “Three Bells” 597 Freemans Dr Lot 20, Section 6, DP 3533

CB-29 L Cottage 661 Freemans Dr Lot A, DP 416525

CB-31 L House “Sunnyside” 27 Avondale Rd Lot 2, DP 204207

Dora Creek

DC-02 L House 16 Dora St Lot 11, DP 533825

DC-03 L Holmes Store 3 Watt St Lot 38, DP 528601

Dudley

DL-01 L Cast Iron Reservoir 147 Ocean St Lot 1, 446723

DL-03 L Two Miner’s Cottages 125 and 127 Ocean St Lots 1, 2 and 3, Section D, DP 2657

DL-04 L Dudley Public School 124 Ocean St Lot 145, DP 755233

DL-06 L Pensioners Hall 98 Ocean St Lot 1, DP 931771

DL-07 L Ocean View Hotel 85 Ocean St Lot 20, Section A, DP 2304

DL-08 L Royal Crown Hotel 94 Ocean St Lot 18, Section B, DP 2304

DL-09 L Former Miner’s Cottage 31A Thomas St Lot 9, Section D, DP 2657

DL-10 L Former Miner’s Cottage 29 Thomas St Lot 11, Section D, DP 2657

Edgeworth

EW-07 L School Teacher’s 7 Minmi Rd Lot 106, DP 755262 Residence

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

Eraring

ER-01 L Eraring Power Station 4 Cross St Lot 29, DP 262501 22B MR 217, Myuna Lot 20, DP 840668 Bay Lot 211, DP 840670 22C MR 217, Myuna Lot 50, DP 840671 Bay Lot 51, DP 840671 20A MR 217, Myuna Lot 52, DP 840671 Bay 20 MR 17, Myuna Bay 22A MR 217, Myuna Bay

Fassifern

FF-01 L Fassifern Railway Wallsend Rd Lot 1, DP 854050 Cottage

FF-02 L Toronto Railway (over) Fassifern Rd Overbridge (also see RT-11)

FF-03 L Fassifern Railway 29 Fassifern Rd Station

Freemans Waterhole

FW-01 L Headframe Former 890A Freemans Dr Lot 80, DP 610602 Mining Museum

Glendale

GD-01 L Cardiff Railway 460 Main Rd Lot 1, DP 1022127 Workshops

Holmesville

HV-04 L Brick House 47 Appletree Rd Lot 3, Section B, DP 4479

HV-06 L Brick House 54 Appletree Rd Lot 22, DP 740832

HV-07 L House 20 William St Lot 14, Section E, DP 5432

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

HV-08 L Former Police Station 20 Charlotte St Lot 15, Section E, DP 5432

HV-09 L Post Office Store 18 George St Lot 1, Section L, DP 3442

HV-11 L Holmesville Hotel 21 George St Lot 20, Section M, DP 3442

HV-20 L House 32 Seaham St Lot 42, Section B, DP 4479

HV-24 L Railway Station Killingworth Rd (also see RT-09)

Kahibah

KH-01 S Glenrock Railway and Glenrock State Lot 1, DP 523208 and L Mine Entrance and early Recreation Area Lot 21, DP 575387 coal mining sites

Killingworth

KW-02 L Elcom Newcastle 101 Killingworth Rd Lot 1, DP 619513 Substation Lot 2, DP 619513

KW-03 L Former Killingworth 39 Killingworth Rd Lot 13, Section E, Hotel DP 4339

KW-05 L Soldier’s Memorial 26 The Broadway Lot 1, Section D, DP 4339

Kotara South

KS-01 L South Waratah Colliery 31 Kirkdale Dr Lot 132, DP 243393 (also see RT-06)

Martinsville

MV-01 L Public School 2 Martinsville Rd Lot 157, DP 823773

MV-02 L House “Woodside” 32 Wilkinson Rd Lot 1, DP 741192

MV-03 L Dora Creek Bridge Owens Rd

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

MV-04 L Farm House “Wonga 10a Owens Rd Lot 63, DP 661760 Hill”

Morisset

MS-01 L Stationmaster’s House 58 Dora St Pt Lot 1, DP 1002965

MS-08 L Morisset High School 33 Bridge St Lot 3, Section 40, DP 758707

MS-10 L Tree—Morisset’s 147 Macquarie St Lot 7045, DP 93593 Campsite

MS-12 S Morisset Hospital Wards 69a Fishing Point Rd, Lot 39, DP 755242, L 5 and 6 Bonnells Bay Lot 1 DP 880557

MS-13 S Morisset Hospital Ward 69a Fishing Point Rd, Lot 39, DP 755242, L 9, Clinical Dept Bonnells Bay Lot 1 DP 880557

MS-14 S Morisset Hospital Ward 69a Fishing Point Rd, Lot 39, DP 755242, L 10 Bonnells Bay Lot 1 DP 880557

MS-15 S Morisset Hospital The 69a Fishing Point Rd, Lot 39, DP 755242 L Chapel Bonnells Bay

MS-16 S Morisset Hospital 69a Fishing Point Rd, Lot 39, DP 755242 L Recreation Hall Bonnells Bay

MS-17 S Morisset Hospital The 69a Fishing Point Rd, Lot 1 DP 880557 L Main Store Bonnells Bay

MS-19 S Morisset Hospital 69a Fishing Point Rd, Lot 1 DP 880557 L Residence No 1 Bonnells Bay

MS-20 S Morisset Hospital Ward 69a Fishing Point Rd, Lot 1 DP 880557 L 17, General Psychiatry Bonnells Bay

MS-23 S Morisset Hospital Ward 69a Fishing Point Rd, Lot 1 DP 880557 L 12 Bonnells Bay

MS-24 S Morisset Hospital 69a Fishing Point Rd, Lot 1 DP 880557 L Residence No 3 Bonnells Bay

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

MS-25 S Morisset Hospital 69a Fishing Point Rd, Lot 1 DP 880557 L Maximum Security Bonnells Bay Division

MS-26 S Morisset Hospital 69a Fishing Point Rd, Lot 1 DP 880557 L Cottage Row Residence Bonnells Bay Nos 16, 17, 18, 19, 20 and 21

MS-29 S Morisset Hospital Water 69a Fishing Point Rd, Lot 1 DP 880557 L Supply Dam— Bonnells Bay Pourmalong Creek

Nords Wharf

NW-01 L Former Guesthouse 127 Marine Pde Lot 4 to 9, DP 23483 “Kurrawilla”

NW-02 L “Nords Wharf” 43c Nords Wharf Rd PO 1970/126

Pelican

PF-01 L Cabbage Trees 5 Soldiers Rd Pt Lot 135, DP 755233 25 Soldiers Rd Lot 103, DP 755233 35 Soldiers Rd Lot 102, DP 755233

Railways and tramways

RT-01 L West Wallsend Steam West Wallsend to Tram Line Newcastle via Wallsend, Holmesville, Estelville, Edgeworth and Glendale

RT-02 L Speers Point Steam Newcastle to Speers Tram Line Point via West Wallsend

RT-03 L Great Northern Railway Line passes through Lake Macquarie from Garden Suburb to Wyee

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

RT-04 L Belmont Railway Adamstown to Belmont, the New Redhead Estate and Coal Company Railway

RT-05 L Branch Lines from the Burwood No 3 Belmont Railway Colliery, Whitebridge, Dudley Colliery, Dudley, Lambton Colliery, Redhead, John Darling Colliery, Belmont North, Belmont Colliery Sidings, Belmont

RT-06 L Raspberry Gully Line Opposite Dalpura Lane Railway to the Main Northern Railway Line, near Adamstown along Styx Creek

RT-09 L Seaham, West Wallsend, Cockle Creek to Fairley and Killingworth Seaham No 1 Colliery Railway at Seahampton with branches to Fairley and Killingworth

RT-10 L Rhondda Colliery From West Wallsend Railway railway on the northside of Stockton Borehole Colliery to the Rhonda Colliery south of Rhonda Rd, Teralba

RT-11 L Fassifern to Toronto Fassifern Railway Branch Railway Line Station to Toronto Railway Station and then Toronto Wharf

RT-14 L Wyee Coal Conveyor North of Wyee to Vales Railway Loop Point Power Station

RT-15 L Cardiff South Colliery Macquarie Rd, Cardiff Tramway South

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

RT-18 L Catherine Hill Bay From Mine Camp, Colliery Railway north of the township, to the coal loader

Rathmines

RM-01 L Catalina Memorial 171 Dorrington Rd Lot 2, DP 226531 Nursing Home

RM-02 L Community Hall 1 Overhill Rd Pt Lot 64, DP 596913

RM-03 L Catamaran Club 1 Overhill Rd Pt Lot 64, DP 596913

RM-04 L Christadelphian School 2 Stilling St Lot 5, DP 226534

RM-05 L Flying Boat Ramps 1 Overhill Rd Pt Lot 64, DP 596913

RM-06 L Rathmines Bowling 1 Stilling St Lot 4, DP 226533 Club

RM-07 L Catalina War Memorial 1 Overhill Rd Pt Lot 64, DP 596913

RM-08 L Rathmines Holiday 3 Stilling St Lot 1, DP 226530 Camp

RM-09 L Brick Store 1 Overhill Rd Pt Lot 64, DP 596913

RM-10 L Boat Slip 1 Overhill Rd Pt Lot 64, DP 596913

Redhead

RH-01 L Lambton Colliery 1 Geraldton Dr Lot 68, DP 878840

RH-03 L Under-Manager’s House 17 Geraldton Dr Lot 7, DP 878840

RH-04 L “The Gables” 87 Redhead Rd Lot 4, DP 737493

RH-07 L Mine Manager’s House 21 Elsdon St Lot 100, DP 609787

Speers Point

SP-03 L House 10 Council St Lot 1, DP 518527

SP-04 L House 8 Council St Lot 1, DP 521920

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

SP-08 L House 18 Alley St Lot 11, DP 525378

SP-09 L House 37 Alley St Lot 1, DP 587774

SP-10 L Cottage 64 Speers St Lot 1, DP 348879

SP-11 L House 66 Speers St Lot 3, DP 562487

SP-12 L House 41 Albert St Lot 1, DP 962726

SP-13 L House 74 Speers St Pt Lot 1, DP 956798

SP-14 L House 214 The Esplanade Lot 1, DP 108865

SP-16 L House “The Knoll” 374 The Esplanade Lot 3, DP 786053

SP-17 L House 332 The Esplanade Lot 4, DP 350608

SP-19 L House 302 The Esplanade Lot 32, DP 564214

SP-23 L House 282 The Esplanade Lot 145, DP 558308

SP-25 L Former Lake Macquarie 143 Main Rd Lot 13, DP 810700 Council Chambers

SP-26 L House 141 Main Rd Lot 1, DP 368588

SP-29 L Speers Point Garage 155 Main Rd Lot 12, Section A, DP 4063

SP-30 L House “Shangrila” 157 Main Rd Lot 11, Section A, DP 4063

SP-31 L House 159 Main Rd Lot 10, Section A, DP 4063

SP-34 L Lakeview Street Theatre 81 Lakeview St Lot 14, Section B, DP 4063

SP-36 L Shelter Shed 15 Park Rd Lot 1, DP 998238

SP-37 L Minenwerfer (or 15 Park Rd Lot 1, DP 998238 German Mortar)

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

Swansea

SS-02 L The Swansea Hotel 196 Pacific Hwy Lot 2, DP 634759

Swansea Heads

SD-02 L Coast Guard Station 3a Lambton Pde Lot 548, DP 39981

SD-03 L Reid’s Mistake, Head 7a Lambton Pde Pt Reserve 88033 and Channel

Teralba

TA-03 L Shop 10 Anzac Pde Lot 1, DP 999965

TA-08 L House “Moria” 59 York St Lot 17, DP 816302

TA-09 L Teralba Public School 57 York St Lot 2, DP 795123

TA-10 L Great Northern Hotel 2 Anzac Pde Lots 6 and 7, DP 447469

TA-11 L House “AS” 101 Railway St Lot 261, DP 554269

TA-12 L Station Master’s Cottage 150 Railway St Lot 3, DP 831957

TA-13 L Teralba Cemetery 20 Pitt St Lot 31, DP 858667 Billygoat Hill

TA-16 L Gartlee Mine 159 Railway St Lot 1, DP 780614

TA-17 L Rhondda Colliery 23a Unnamed Rd Lot 76, DP 755262, Lot 13, DP 755262

Toronto

TT-01 L House “Manuka” 182 Excelsior Pde Lot 461, DP 589541

TT-06 L House “The Moorings” 2 Jarrett St Lot A, DP 368417

TT-08 L Toronto Cemetery 354 Awaba Rd MD 500 MS 3070

TT-09 L Toronto Hotel 74 Victory Pde Lot 201, DP 549239

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

TT-11 L Former Railway Station 16 Victory Row Lot 22, DP 858519

TT-12 L Frith’s Store 66 The Boulevarde Lot B, DP 390795

TT-15 L Building Restaurant 24 Victory Pde Lot 1, DP 301366

TT-16 L Royal Motor Yacht Club 8 Arnott Ave Lot 12 to 15, DP 456286 Annexe

TT-17 L Building Restaurant 6 Arnott Ave Lot X, DP 406274, Pt Lot 424, DP 823708

TT-18 L Boatman’s Cottage 4 Arnott Ave Lot 1, DP 950464 Lakefront

TT-19 L Boathouse and Winches 4 Arnott Ave Lot 1, DP 950464 PO Lakefront 65/60

TT-20 L House 4 Arnott Ave Lot 1, DP 950464

TT-21 L House “Burnbrae” 32 Renwick St Lot 1, DP 122786

TT-22 L Station Master’s Cottage 98 Brighton Ave Lot 1, DP 125979

TT-23 L House “McGeachie’s” 109 Brighton Ave Lot 2, DP 515029

TT-29 L Convent of Mercy 26 Renwick St Lot 2, DP 314496

TT-30 L House 23 Renwick St Lot 2, DP 350492

TT-38 L Cottage 6 Renwick St Lot 21, DP 4236

TT-42 L House 16 Hunter St Lot 111, DP 596414

TT-43 L Winn’s House 19 Hunter St Lot 100, DP 717511

Wangi Wangi

WG-01 S Wangi Power Station 80 Donnelly Rd Lot 101, DP 880089 L

WG-04 L House “Dobell House” 47 Dobell Dr Lot 13, DP 8840

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

Warners Bay

WB-01 L House “Ali’s Palace” 6 Fairfax Rd Lot 2, DP 20222, Lot 34, DP 20222, Pt Lot 1, DP 20222

WB-02 L First Orange Orchard The slope with north (WB-03) eastern aspect falling from crest of hill at corner Beryl and Mills Sts down to creek and tramway

WB-03 L Mine Pithead and Coal Follows creek from Tramway to Lake below Barbara St, to Lake between Howard and James Sts

West Wallsend

WW-01 L West Wallsend Football 3 Laidley St, Johnson Lot 1, DP 421411 Club Ground Park

WW-02 L West Wallsend (No 1) off Wilson St Pt Lot 6, DP 1000408 Colliery

WW-05 L Cottage 12 Carrington St Lot 6, Section Z, DP 3809

WW-06 L Cottage 15 Carrington St Lot 15, Section D, DP 2252

WW-08 L House “Earsdon 20 Carrington St Lot A, DP 370073 Cottage”

WW-10 L Former Shop and 47 Carrington St Lot 16, Section C, Doctors surgery DP 2252

WW-11 L House 47 Carrington St Lot 16, Section C, DP 2252

WW-12 L Former Shop and House 52 Carrington St Lot 2, Section G, DP 2252

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

WW-13 L Post Office and 54 Carrington St Lot 1, Section G, Residence DP 2252

WW-14 L Catholic Church and 5 Hyndes St Lot 15, Section G, Convent DP 2255, Lot 16, Section G, DP 2252, Lot 1, DP 500232, Lot 2, DP 500232

WW-15 L Soldiers’ Memorial and 49 Carrington St Lot 1, DP 301342 Park

WW-16 L Workers’ Club 51 Carrington St Lot 11, DP 863266

WW-18 L Clyde Inn Hotel 57 Carrington St Lot 12, Section B, DP 2252

WW-19 L House 59 Carrington St Lot A, DP 382915

WW-23 L Former School of Arts 65 Carrington St Lot 21, DP 875161

WW-26 L West Wallsend Co-Op 76a Carrington St Lot 7, Section E, 6 Withers St DP 2252 8 Withers St Lot 8, Section E, DP 2252 Lot 9, Section E, DP 2252

WW-31 L West Wallsend Public 49a Wallace St Lot 5, Section J, DP School 2252, Lot 6, Section J, DP 2252, Lot 7, Section J, DP 2252, Lot 8, Section J, DP 2252, Lot 9, Section J, DP 2252, Lot 10, Section J, DP 2252, Lot 11, Section J, DP 2252, Lot 12, Section J, DP 2252, Lot 1, DP 415746, Lot 1, DP 103681, Lot 1, DP 203314, Lot 1, DP 418805

WW-32 L Miners’ Memorial 49a Wallace St Lot 8, Section J, DP 2252

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Lake Macquarie Local Environmental Plan 2004

Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites

Item No Significance Item Address Property description

WW-33 L Presbyterian Church 48a Wallace St Lot 1, Section O, DP 2253

WW-35 L Baptist Church 49 Wallace St Lot 15, Section K, DP 2252

WW-38 L Former Northumberland 1 Hyndes St Lot 11, DP 565278 Hotel

WW-39 L Cottage 53 Wilson St Lot B, DP 315094

WW-40 L Cottage 8 Laidley St Lot B, DP 319636

WW-41 L Museum Hotel 70 Wilson St Lot 21, DP 700424

WW-46 L Mt Sugarloaf and the Mt Sugarloaf Rd Lot 1, DP 231108, Lot 2, Sugarloaf Range DP 231108, Lot 21, DP 223395, Lot 1, DP 207238, Lot 1, DP 338999, Lot 121, DP 755262

WW-47 L Mt Sugarloaf No 1 Mt Sugarloaf Rd Lot 7, DP 813135 Colliery

WW-50 L West Wallsend Cemetery Rd Lots 980 and 981, Cemetery DP 589701

WW-52 L West Wallsend Valve 30a George Booth Dr, Lot 1, DP 923587 House and Underground Estelville Reservoir

Whitebridge

WH-01 L Whitebridge Cemetery 132a Dudley Rd Lots 1697, 1698 and 1731, DP 755233

WH-02 L House 105 Burwood Rd Lot 7, DP 800730

WH-08 L Railway Cutting and Old Dudley Rd Bridge (also see RT-04)

WH-09 L Captain Bulls Garden 76 Bulls Garden Rd Lot 10, DP 220823

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Lake Macquarie Local Environmental Plan 2004

Heritage items other than of indigenous origins and including potential Schedule 4 archaeological sites

Item No Significance Item Address Property description

Wyee

WY-02 L Wyee Channel Extending north, from the Wyee Dam, passing under Summerhayes Rd

Part 2 Potential archaeological sites other than of indigenous origins

Item No Significance Item Address Property description

1 Wharf Middle Camp Beach, Catherine Hill Bay

2 Wallarah East Pit Flowers Dr, Catherine Hill Bay

3 Newstan Colliery Fassifern Rd, Fassifern

4 Lambton Colliery Crown Land Redhead Lot 2050, DP 823153 Redhead

5 Arnos Bros, Quarry Teralba

6 North Burwood Burwood Rd, Colliery Whitebridge

AW-08 L Railway Station 34 Brisbane St, Awaba cottage

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Lake Macquarie Local Environmental Plan 2004

Schedule 5 Natural heritage items

Schedule 5 Natural heritage items (Clause 49)

Part 1 Items relating to fossils

Item Significance Item Address Property description No

Blackalls Park

BK-01 L Fossil Tree Sections Venetia Ave Lot 6, DP 12604

BK-04 L Fossil Tree Reserve 40 Aldon Cr Reserve 38237

Swansea Heads

NI L Numerous fossil tree Off Lambton Adjacent to Reserve 88033 stumps preserved in Pde and DP 39981 situ—remains of fossil forest

Tingira Heights

TH-01 S Nature Reserve and Burton Rd Lot 180, DP 755233 and L being permian fossil area from Belmont to insect horizon Warners Bay depicted on Map prepared by OLEM Knight, titled Permian Fossil Horizon Belmont— Warners Bay 1949 (Records of the Australian Museum 1950)

Part 2 Landmark of Aboriginal and European heritage significance supporting tree groups and individual trees

Item No Significance Item Address Property description

LM-01 L Pulbah Island

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Lake Macquarie Local Environmental Plan 2004

Places or potential places of Aboriginal heritage significance Schedule 6

Schedule 6 Places or potential places of Aboriginal heritage significance (Clause 49)

Part 1 Places of Aboriginal heritage significance

Item Significance Item Address Property No description

Various All sites identified in All property the last edition of the identified as an National Parks and Aboriginal site in Wildlife Service’s that Register Aboriginal Sites Register available at the office of the Council

Part 2 Potential places of Aboriginal heritage significance

Item Significance Item Address Property No description

Various All sites, localities All properties and landscapes identified as an identified in the Lake Aboriginal site, Macquarie locality or landscape Aboriginal Heritage as held in the records Study Report of Lake Macquarie available at the office City Council of the Council

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Lake Macquarie Local Environmental Plan 2004

Schedule 7 Additional development allowed on certain land

Schedule 7 Additional development allowed on certain land (Clause 39)

Item Column 1 Column 2 No

1 Land at Bonnells Bay, Lot 1, DP Residential development providing up to 30 dwellings 707797, 70 Regent Street, Bonnells subject to provision of a single integrated sewerage Bay. system to the satisfaction of the Hunter Water Corporation and Environment Protection Authority.

2 Land at Wyee Point being Lot 48, Development for the purpose of eco-tourism facilities. DP 1035946.

3 Land at Redhead, part of Lot Long term residential occupation of 6001, DP 10262, Kalaroo Road, movable dwellings. Redhead.

4 Land at Wyee Point, incorporating Development providing permanent residential the parcels created by Strata Plans accommodation and other buildings, works and land Nos SP 33591, SP 34019, SP uses predominantly providing a tourist destination as an 51315, SP 52847, SP 53446, SP integrated community containing tourist facilities and 58403, SP 63806, SP 63807, SP which may contain a range of accommodation types 64978, SP 65565, 77 Rutleys Road, (including dwellings) and a combination of land uses Wyee Point. including retailing, recreational and community activities appropriate to the community’s needs.

5 Land in the vicinity of Rafferty’s Development predominantly providing a tourist Road Cam’s Wharf, shown in destination as an integrated community containing Deposited Plan Nos DP 270043, DP tourist facilities and which may contain a range of 285138, DP 285268, DP 285325, accommodation types (including dwellings) and a DP 285410, DP 285518, DP combination of land uses including retailing, 285546, DP 285579, DP 285636. recreational and community activities appropriate to the community’s needs.

6 Land at Cams Wharf, being Lot 1 Erection of one dwelling house on each of the 4 lots DP 926581 and subdivided as Lots within DP 864517. 321, 322, 323 and 324, DP 864517.

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Lake Macquarie Local Environmental Plan 2004

Additional development allowed on certain land Schedule 7

Item Column 1 Column 2 No

7 So much of the land in the vicinity Development that results in cluster housing or tourist of Minmi Road, Cameron Park facilities (or both) on a site area consisting of land Drive and George Booth Drive, described in Column 1, but only if: Edgeworth, in Lot 216, DP (a) the ratio of the part (if any) of the site area 1036819 as is within Zone 7 (2) and occupied by tourist facilities to the whole of the is not the subject of acquisition by site area does not exceed 0.5:1, and the Council. (b) not more than 2.5% of the site area is physically disturbed by the carrying out of development for the purpose of dwelling houses, and (c) the density of the dwelling houses (if any) must not exceed one dwelling house for every 5 hectares of the site area.

If land is subdivided after any such development has been carried out on it, or if consent is granted for the carrying out of any such development on land at the same time as consent is given for subdivision of the land, the subdivision may be carried out only under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989.

Any development that is allowed on land in the adjoining zone may be carried out, but only if the consent authority, before granting consent for any such development, has had regard to the guidelines and parameters adopted in the establishment of the relevant zone boundary (as evidenced by any environmental study, assessment or report prepared in relation to the creation of that zone boundary) and is satisfied: (a) that the land is suitable having regard to all likely environmental impacts, including slope, access, drainage, bushfire hazard, conservation value, geotechnical instability, erosion hazard, visual significance, and (b) that the development will not reduce the area of open space required to meet the needs of any population increase as a result of the development, and

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Lake Macquarie Local Environmental Plan 2004

Schedule 7 Additional development allowed on certain land

Item Column 1 Column 2 No

(c) that the development will not reduce the conservation value of the locality required for the protection of flora and fauna species, having regard to all matters, including perimeter effects and the impact of the development on the total area of land identified as relevant for conservation.

8 Land at Mirrabooka, being Lot 16, Subdivision into not more than 4 lots and the erection DP 28068, Hillcrest Road, of a dwelling house on each lot so created. Mirrabooka.

9 Land at Mirrabooka, being Lot 17, Subdivision into not more than 2 lots and the erection DP 28068, Hillcrest Road, of a dwelling house on each lot so created. Mirrabooka.

10 Land at Mirrabooka being Lots 18 Subdivision of each lot into not more than 2 lots and the and 20, DP 28068, Hillcrest Road, erection of a dwelling house on each vacant lot so Mirrabooka. created.

11 Land at Morisset, Lot 9, DP Development for the purpose of a mortuary. 758707, Terrigal Street, Morisset.

12 Land at Cam’s Wharf, being a The erection of a dwelling house on each lot within DP resubdivision of Lot 2, DP 517892, 1022805. subdivided as Lots 1, 2 and 3, DP 1022805, Cam’s Wharf Road, Cam’s Wharf.

13 Land at Morisset, Lot 401, DP Development for the purpose of a retail market, being 1001919. operated on Saturday and Sunday between the hours 7:30am to 6:00pm, with a gross floor area no greater than 10,300 square metres.

14 Land at Fairfax Road, Warners Bay, Subdivision into not more than 3 lots, but only if each being so much of Lot 22, DP of the existing dwellings is located on a separate lot and 1015155 as is within Zone 7 (2). the remaining lot is of such a size and configuration, and in such a location, as to satisfy drainage requirements and is reserved for drainage.

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Lake Macquarie Local Environmental Plan 2004

Land subject to special development requirements Schedule 8

Schedule 8 Land subject to special development requirements (Clause 42 (1))

Item No Column 1 Column 2

1 Land at Buttaba being A development control plan must have been land in DP 1128, approved by the Council before consent is granted DP 12507, DP 584905 for any development. This development control plan and DP 807936, zoned must include recommendations about flora and 2 (1) or 7 (1). fauna conservation, soil erosion and sedimentation control, drainage and water management, bushfire risk management, conservation of Aboriginal archaeology, urban design, subdivision pattern and development staging, and appropriate construction types and methods.

2 Land at Morisset Park, A master plan must have been adopted by the being Lot 38 Council before consent is granted for any DP 755242, as shown development. This master plan must include edged heavy black on recommendations about the following: the map marked “Lake (a) measures to assess, support, manage and Macquarie Local conserve places and items of cultural Environmental heritage, Plan 2004”. (b) measures to deliver a diversity of social and economic opportunities including employment, (c) a strategy for the staged delivery of social infrastructure and services, (d) measures that will achieve a balance between ecological, visual, scenic, cultural and heritage values and site sensitive development, (e) the application of ESD principles, (f) principles and a detailed strategy for the management of natural features, foreshore processes and hazards,

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Lake Macquarie Local Environmental Plan 2004

Schedule 8 Land subject to special development requirements

Item No Column 1 Column 2

(g) measures to achieve development that is complementary to and reflects the character of surrounding urban developments, (h) the location and design of development in a manner that complements the on-site and surrounding natural environment, including recommendations for the retention of vegetation, (i) the precise location of development within different parts of the site to allow detailed site planning to achieve the most appropriate configuration of buildings, roads and other works to minimise potential environmental and visual impacts, (j) providing for a diversity of built form that considers building height, form, massing, materials, colour and reflectivity, among others, in the design process with the intent of minimising impacts with surrounding developments and the lakeshore environment, (k) meeting the objectives of the NSW Coastal Policy in planning and design across the site, (l) retaining the natural form of the foreshore of Lake Macquarie and providing for public access links to the adjoining Lake Macquarie State Recreation Area, (m) an urban form and structure that encourages walking, cycling and public transport use, (n) the location and design of roads and pedestrian/cycleway systems to maximise the opportunity for public access to foreshore areas.

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Lake Macquarie Local Environmental Plan 2004

Land subject to special development requirements Schedule 8

Item No Column 1 Column 2

3 Land at Morisset Park in For all land described opposite, the master plan Zone 2 (1) as shown referred to in item 2 above must include edged with a broken recommendations about the following additional black line within the area matters: edged heavy black on (a) location and design of development in a the map marked “Lake manner that allows site sensitive residential Macquarie Local development that responds to existing Environmental Plan vegetation values, ecological values and 2004”, being part Lot 38, visual aspects of this part of the site, DP 755242. (b) location and design of developments in a manner that complements the on-site and surrounding natural environment, including retention of existing vegetation, (c) measures to locate and design development within this part of the site to conserve and enhance the visual, ecological and environmental values of the site, including recommendations for the retention of vegetation, (d) measures to provide for a diversity of built form that considers building height, form, massing, variable roof forms, materials, colour and reflectivity, among others, in the design and process and complements surrounding developments and the lakeshore environment, (e) measures to site, consolidate and/or cluster buildings to create built forms that maintain existing vegetation cover and minimise potential environmental and visual impacts.

4 Land at Macquarie Hills, A development control plan applying only to the fronting Lawson Road, land must have been adopted by the Council before being part of Lots 1–3, consent is granted for any development. This DP 218658 and Lot 30, development control plan must address, to the DP 879072. satisfaction of the Council, habitat corridors, slope stability, drainage, water quality management, visual impact and access to the proposed development.

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Schedule 9 Consent to development subject to special requirements

Schedule 9 Consent to development subject to special requirements (Clauses 42 (2))

Item No Column 1 Column 2

1 Land at Warners Bay, being Lot 1, Provision for future vehicle and DP 204920, Myles Avenue, pedestrian access through Warners Bay. Hillsborough Road, Warners Bay in a manner that is satisfactory to the Council.

2 Land at Estelville, being land in All stormwater must be detained and Lot 1, DP 877349, Part 301, treated within the site boundaries. DP 866450 and Part 1000, There must be no direct vehicular DP 870854, Cameron Park Drive, access to or egress from the site from Cameron Park, being land in Zone or to the F3 Freeway, George Booth 4 (1). Drive or the Newcastle Link Road. There must be no direct vehicular or pedestrian access to Cameron Park Drive from lots fronting Cameron Park Drive. A vegetation buffer is to be established along the adjoining F3 Freeway, the Newcastle Link Road and Cameron Park Drive to the satisfaction of the Council.

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Development by public authorities Schedule 10

Schedule 10 Development by public authorities (Clause 10)

1 Rail transport The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (i) the construction of new railways, railway stations and bridges over roads, and (ii) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and (iii) the formation or alteration of any means of access to a road, and (iv) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

2 Water, sewerage, drainage, electricity and gas The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,

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Schedule 10 Development by public authorities

(c) the installation or erection of any plant or other structures or erections by way of addition to, or replacement or extension of, plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder- pillars or transformer housing of stone, concrete or brickworks, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, (f) routine maintenance and emergency works, (g) any other development, except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or (ii) the formation or alteration of any means of access to a road.

3 River transport The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road.

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4 Air transport The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

5 Road transport The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by roads, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

6 Mines The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purpose of a mine, except: (a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or (b) the formation of any means of access to a road.

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Schedule 10 Development by public authorities

7 Roads The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.

8 Forestry The carrying out of any forestry work by the Forestry Commission, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing or timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.

9 Rural land protection The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or (b) any development designed to change the use or purpose of any such reserve.

10 Water resources The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Infrastructure, Planning and Natural Resources of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road.

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Dictionary DictionarySchedule 10

Dictionary (Clause 7 (1)) Acid Sulfate Soil Manual means the document with that title as last adopted by the Director-General. acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Manual. Acid Sulfate Soils Planning Maps means the series of maps marked “Lake Macquarie Local Environmental Plan 2004—Acid Sulfate Soils Planning Maps” kept in the office of the Council. advertising structure means a structure or vessel that is principally designed for, or that is used for, the display of an advertisement. agriculture means: (a) the production of crops or fodder, or (b) the keeping or breeding of cattle, horses or birds, or (c) horticulture including fruit, vegetable and flower crop production, or (d) the grazing of livestock. airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome. airport means a place for the arrival and departure of aircraft by air and may include buildings associated with aircraft storage, maintenance and control. animal establishment means a place used for the boarding, breeding, keeping or training of animals for business purposes, and includes a riding school. appointed day means the day on which this plan commences. aquaculture means the commercial breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals such as fin-fish, crustaceans, molluscs or other aquatic invertebrates. archaeological site means a site of one or more relics. area has the same meaning as in the Local Government Act 1993.

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DictionarySchedule 10 Dictionary

Australian Height Datum (AHD), in relation to heights, means the level of the control point approved by the Surveyor-General for measuring the heights for the purpose of establishing Australian Height Datum. Average Recurrence Interval (ARI) means the average period between the recurrence of a storm event of a given rainfall intensity. The ARI represents a statistical probability. For example, a 10-year ARI indicates an average of 10 events over a 100-year period. bed and breakfast establishment means a dwelling house occupied by the permanent residents of same who provide overnight accommodation for visitors in no more than 5 bedrooms of that dwelling house, for a maximum period of 7 consecutive days and who provide at least breakfast to those visitors. boarding house means a building let in permanent lodgings or a hostel, but does not include a motel. brothel means a building or place regularly used for the purposes of prostitution. building frontage is the facade of the building that faces a street. building products warehouse and showroom means a building used predominantly for warehousing or distribution of building materials, supplies, plumbing supplies, air-conditioning systems, swimming pools and the like, with an ancillary component for the sale of such goods, materials or supplies by retail or auction. bulk store means a building or place used for the bulk storage of goods where the goods stored, or to be stored, are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership. bulky goods showroom means a building or place used for the sale by retail or auction of goods or materials that are of such a size, shape or weight as to require: (a) a large area for handling, storage or display, or (b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase, but does not include a building or place used for the sale of foodstuffs or clothing. bus shelter means a small-scale structure or place used to pick up or set down passengers travelling by bus.

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bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus. bushfire hazard reduction work means the reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bushfire hazard. bushfire prone land has the same meaning as in the Act. car parking facility means a building or place used for parking vehicles, whether operated for gain or not, and any manoeuvring space and access to that building or place, but does not include car parking ancillary to a permissible use. car repair station means a building or place used for the purpose of carrying out repairs and/or detailing including washing, to motor vehicles, caravans, boats or agricultural machinery and the like, not being: (a) body building, or (b) panel beating which involves dismantling, or (c) spray painting other than of a minor nature. caravan park means land (including a camping ground) on which caravans, cabins and other moveable dwellings are, or are to be, placed or erected. cemetery or crematorium means a building or place for the burying or cremation of deceased people or animals and may include a chapel, temple or other religious place for conducting funeral services. child care centre means a building or place, whether operated for gain or not, which is used for the purpose of educating, supervising or caring for children (whether or not any of the children are related to the owner or operator), where: (a) there are 6 or more children under 6 years of age who do not attend a government school or a registered non-government school within the meaning of the Education Act 1990, and (b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator), and which may operate before and after school hours as an out of school hours care centre for children over 6 years of age.

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DictionarySchedule 10 Dictionary

clear includes: (a) kill, destroy, poison, ringbark, uproot or burn a tree or native vegetation, or (b) cut down, fell, thin, log or remove a tree or native vegetation, or (c) underscrub a tree or native vegetation, or (d) sever or lop a branch, a limb, a stem or a trunk of a tree or native vegetation, or (e) damage a tree or native vegetation in any other way, or cause or permit any of the above. club means premises registered under the Registered Clubs Act 1976 that are also licensed to serve alcohol under the Liquor Act 1982. commercial mooring has the same meaning as in the Lake Macquarie Mooring Management Plan prepared and adopted from time to time by the Waterways Authority. commercial premises means a building or place used as an office or for other business or commercial purposes but, in the Table in Part 3, does not include a building or place elsewhere specifically defined in this clause. community facility means a building or place owned or controlled by a public authority or non-profit community organisation, which provides for the physical, social, cultural or intellectual development, welfare or safety of the local community. community land has the same meaning as in the Local Government Act 1993. community title subdivision means subdivision in accordance with the Community Land Development Act 1989. complying development is identified in clause 9. conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained. corporation has the same meaning as in the Act.

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demolish a heritage item, or a building, work, archaeological site, tree or place in a heritage conservation area, means wholly or partly destroy, dismantle or deface the item or the building, work, archaeological site, tree or place. Department has the same meaning as in the Act. depot means a building or place used for the storage (but not sale) and maintenance of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place but, in the Table in Part 3, does not include a building or place elsewhere defined in this Dictionary. development has the same meaning as in the Act. DP high water mark for any land is the mean high water mark shown on the current plan (within the meaning of the Conveyancing Act 1919) for the land. drainage means works carried out for the purpose of drainage which are not incidental or ancillary to development for which consent has been granted. dual occupancy—attached means two dwellings in a single building on a single allotment of land. dual occupancy—detached means two detached dwellings on a single allotment of land. dwelling means a room or a suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile. dwelling house means a building containing one but not more than one dwelling. dwelling house—exhibition means a dwelling house used for the purpose of displaying to potential customers, the dwelling house, its contents and its surrounds for a limited period. earthworks means a work involving the addition or removal of any solid matter on, to or from land, or any other work that will significantly alter: (a) the level of the land from the existing ground level, or (b) the character of the surface of that land, or (c) the drainage of the land.

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eco-tourism facility means a building or place used primarily for tourist accommodation or recreation, or both, and may include holiday cabins, camp or caravan sites, where the total number of beds does not exceed 20, that is in a natural or rural setting and may involve education and interpretation of the natural environment, and does not have a deleterious effect on the ecology of its location. educational establishment means a building used as a pre-school, school or tertiary institution within the meaning of a State or Commonwealth Act, whether or not accommodation for staff or students is provided, or a gallery or museum but, in the Table in Part 3, does not include a building or place elsewhere defined. emergency services facility means a building or place used for the provision of police, fire and ambulance services or the like, and may include training rooms and administration buildings, and buildings or places used to store, service or repair vehicles or equipment. energy generation works means a building or place used primarily for the purpose of making or generating forms of energy. entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions, displays or cultural events, and includes: (a) sports stadiums, conference facilities, function centres, showgrounds, racecourses and the like, and (b) theatres, cinemas, music halls, concert halls and the like. environmental facility means a structure or work that provides for: (a) nature study or display facilities, such as walking trails, board walks, observation decks, bird hides or the like, or (b) environmental management and restoration, such as bush restoration, wetland restoration, erosion and run off prevention works, dune restoration or the like, and may include ancillary kiosks or cafes. ESD—see principles of ecologically sustainable development. exempt development is identified in clause 8. extractive industry means: (a) the winning of extractive material, or

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(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land. extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances. flood prone land means land affected by the 1% Average Recurrence Interval (ARI). foreshore building line means a foreshore building line fixed under clause 7 of the Environmental Planning and Assessment Model Provisions 1980, as adopted by clause 22. foreshore development means a boatshed, jetty, slipway, boat ramp, in-ground swimming pool, inclinator, landscaping, barbeques or other similar structures. forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection. function centre means a building or place used to hold conferences, wedding receptions and the like, and may include a restaurant. general store means a building or place for the retail sale of convenience goods that may include the facilities of a post office and/or for the sale of take-away food and that has a maximum gross floor area of 75 square metres but, in the Table in Part 3, does not include a building or place elsewhere defined. group home has the same meaning as in State Environmental Planning Policy No 9—Group Homes. hazardous industry means an industry that, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment.

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hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. height in relation to a building or structure, means the distance measured vertically from the topmost element of the building or structure to the natural ground level immediately below that point. helipad means an area or place, whether or not open to public use, set apart for the taking off and landing of helicopters. heliport means an area or place open to public use that is licensed by the Commonwealth for the taking off and landing of helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters. heritage conservation area means an area of land that is shown edged by a heavy black broken line on the map, and includes buildings, works, archaeological sites, trees and places situated on or within the land. heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or a building, work, archaeological site, tree or place within a heritage conservation area, and an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact. heritage item means a building, work, archaeological site, potential archaeological site or place: (a) the site and nature of which is described in Schedule 4, 5 or 6, and (b) that is more particularly specified in an inventory of heritage items available at the office of the Council, and in the case of an item described in Schedule 6 as a place or potential place of Aboriginal heritage significance, the item includes any component, fixture or fitting that is attached to it.

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heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. high technology industry means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following: (a) electronic and micro-electronic systems, goods and components, (b) information technology, computer software and hardware, (c) instrumentation and instruments, (d) biological, pharmaceutical, medical or paramedical systems, goods and components, (e) other goods, systems and components intended for use in science and technology. home business means the use of part of a dwelling house or dwelling as an office or for business, where: (a) the use is ancillary to the residential use of, and is contained within, the main dwelling, and (b) the use is undertaken by the permanent residents of the dwelling, and (c) the use does not involve the employment of more than two persons on site in addition to those residents, and (d) the use does not cause any unacceptable impact on the environment or interference with the amenity of the surrounding area, and (e) the use does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign to indicate the name or occupation of the resident), and (f) the use does not involve the retailing of any items from the premises, and (g) the use is not as a brothel. home industry means an industry carried on in a building (other than a dwelling house or a dwelling) where: (a) the building does not occupy a gross floor area exceeding 50 square metres and is erected within the curtilage of the dwelling house or dwelling occupied by the person carrying on the industry, or on adjoining land owned by that person, and

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(b) the industry does not involve the employment of more than one person on site in addition to those residents, and (c) the industry does not: (i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit or oil, or otherwise, or (ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or (iii) require the provision of any essential service main of a greater capacity than that available in the locality, or (iv) involve the sale of goods from the premises. home occupation means an occupation carried on in a dwelling house or in a dwelling in a residential flat building by the permanent residents of the dwelling house or dwelling which does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit or oil, or otherwise, or (c) the display of goods, whether in a window or otherwise, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or (e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail. hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes: (a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

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(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used by hospital staff or health care workers, and whether or not any such use is a commercial use. hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates. industry means the manufacturing, assembling, altering, formulating, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up or adapting of any goods or any articles or any part of a good or an article for trade or sale or gain but, in the Table in Part 3, does not include any other use specifically defined in this Dictionary. intensive agriculture means a form of agriculture, involving: (a) intensive livestock enterprises such as piggeries, cattle feed lots or poultry farms, which requires particular treatment or practices for the management of wastes (including faeces or other by-products), or (b) other intensive rural production enterprises such as hydroponic crop production, glass house fruit, flowers and vegetables, and the like. junk yard means land used: (a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or (b) for the collection, dismantling, storage, salvaging or abandonment of vehicles or machinery, or (c) for the sale of parts derived from those vehicles or machinery. Lake means the lake known as Lake Macquarie. land has the same meaning as in the Act. light industry means an industry, not being a hazardous industry or offensive industry, in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise. liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other flammable liquid.

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maintenance in Part 6 (Heritage provisions) means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or exotic species and artificial landscapes or technology. marina means a pontoon, jetty, pier or similar structure operated for commercial gain and designed or adapted to provide moorings for boats used primarily for pleasure or recreation and may include ancillary works such as slipways, facilities for the hire, repair and maintenance of boats and the provision of fuel, accessories and parts for boats and foodstuff. medical centre means a building or place used as an outpatient day surgery, health centre, pathology laboratory or collection centre, diagnostic centre or the like. mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal, mineral or gas by any mode or method and includes any place on which any product of the mining there is stacked, stored, crushed or otherwise treated, but does not include a quarry. mixed use development means development that comprises a mix of some or all of the following uses: dwellings; accommodation for tourists; shops; commercial premises; recreation facilities; restaurants. motel means a building or buildings substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used for the provision of meals to those people or the general public but, in the Table in Part 3, does not include any other building specifically defined in this Dictionary or used for a land use so defined. motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed there. multiple dwelling housing means three or more dwellings, not being a residential flat building, and may include villas, town houses and terraces.

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native vegetation means any of the following types of indigenous vegetation, not being trees: (a) understorey plants, (b) groundcover plants, (c) plants occurring in a wetland. natural heritage means: (a) natural features consisting of physical and biological formations or groups of such formations, which are of identifiable value from the aesthetic or scientific point of view, or (b) geological and physiographical formations and delineated areas, which constitute the habitat of threatened species of animals and plants of identifiable value from the point of view of science or conservation, or (c) natural sites or delineated natural areas of identifiable value from the point of view of science, conservation or natural beauty regardless of evidence of human intervention. offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. operational land has the same meaning as in the Local Government Act 1993.

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place of Aboriginal heritage significance means: (a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include heritage items (refer to Schedule 6) and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or (b) a natural Aboriginal sacred site or other sacred feature that may include natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training. potential archaeological site means a site: (a) that is specified in Schedule 4 or 5 and described in that schedule as a potential archaeological site and shown on the map, or (b) that, in the opinion of the Council, has the potential to be an archaeological site even if it not so specified. potential place of Aboriginal heritage significance means a place: (a) that is specified in Schedule 6 as a potential place of Aboriginal heritage significance, or (b) that, in the opinion of the Council, has the potential to have Aboriginal heritage significance, even if it is not so specified. principles of ecologically sustainable development means the following statements of principle: Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs: (a) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for

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postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and (ii) an assessment of the risk-weighted consequences of various options, (b) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations, (c) conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration. (d) improved valuation, pricing and incentive mechanisms— namely, that environmental factors should be included in the valuation of assets and services, such as: (i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, (ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, (iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems. professional consulting rooms means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of, an existing dwelling house and used by not more than 3 persons providing medical services, or similar health care services, and who employ not more than 3 employees connected with those particular services. public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by

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authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act: (a) railway, road transport, water transport, air transport, wharf or river undertakings, (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government department, corporation, firm or authority carrying on the undertaking. recreation facility means a building or place used for indoor recreation, whether used for the purpose of gain or not but, in the Table in Part 3, does not include any other building specifically defined in this Dictionary or used for a land use so defined. relic means: (a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old, relating to the use or settlement, not being Aboriginal habitation, of Lake Macquarie City local government area and that is a fixture or is wholly or partly within the ground, or (b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of that area, or (c) any deposit, object or material evidence of any age relating to the existence or evolution of fauna and flora species and geology and geomorphology. residential flat building means a building that comprises or includes: (a) 3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and (b) 4 or more self-contained dwellings (whether or not the building is also used for other purposes, such as shops), but does not include a Class 1a building or Class 1b building within the meaning of the Building Code of Australia. Note. Class 1a and Class 1b buildings are commonly referred to as “town houses” or “villas” where the dwelling units are side by side, rather than on top of each other.

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restaurant means a building or place, principally providing food to seated paying customers and may include take-away, kiosk and drive-through services. restricted premises means premises (other than a newsagency or pharmacy) where: (a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or (b) a business to which section 578E of the Crimes Act 1990 applies is conducted. retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there. road means a public thoroughfare used for the passage of vehicles, pedestrians or animals and includes: (a) the airspace above the surface of the road, and (b) the soil beneath the surface of the road, and (c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of the road. roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail. rural industry means the handling, treating, processing or packing of primary products and/or the servicing in a workshop of plant or equipment used for rural purposes. sawmill means a mill handling, cutting and processing timber from logs or baulks. service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil, gas or other petroleum products, whether or not the building or place is also used for one or more of the following purposes: (a) the sale by retail of spare parts and accessories for motor vehicles, or the hiring of trailers or other vehicles, (b) washing and greasing of motor vehicles,

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(c) installation of accessories, (d) repairing and servicing of motor vehicles (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration), (e) a shop. shop means a building or place used for the purpose of selling, exposing or offering for sale by retail, food, goods, merchandise or materials but, in the Table in Part 3, does not include any other building or place specifically defined in this Dictionary. sign means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like. site area means the area of land to which an application for consent under the Act relates, exclusive of any land on which the development to which the application relates is not permitted by or under this plan. small lot housing means a single dwelling on an allotment of land with an area of not less than 250 square metres but less than 450 square metres. sporting facility means a building or place used for outdoor recreational activities, whether for the purpose of gain or not but, in the Table to Part 3, does not include any other building or place specifically defined in this Dictionary. storage facility means a building or place used for the purpose of storing the belongings or materials of individuals in separate compartments. stormwater management facility means a building or work used to control the quality of stormwater and includes detention basins, artificial wetlands, silt traps, gross pollutant traps, swales, channels and the like. strata title subdivision means subdivision under the Strata Schemes (Freehold Development) Act 1973. subdivision of land has the same meaning as in the Act. sustainable generating works means a building or place used for the purpose of generating electricity using energy derived from water, wind or sun.

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sustainable water cycle management means water cycle management that incorporates the principles and practice of water smart and water sensitive urban design philosophies. telecommunications facility means a facility used to receive and transmit telecommunications including, but not limited to, towers, antennae, ground based and underground facilities. the Act means the Environmental Planning and Assessment Act 1979. the Council means the Council of the City of Lake Macquarie. the map means the series of maps marked “Lake Macquarie Local Environmental Plan 2004”, as amended by the maps, or sheets of maps, marked as follows: the Regulation means the Environmental Planning and Assessment Regulation 2000. tourist resort means a building or place that provides accommodation for tourists together with any one or more of the following: (a) on-site facilities to satisfy the recreational, entertainment, dining and business needs of tourists, (b) a function centre. transport terminal means a building or place used mainly for the bulk handling of goods for transport by road, rail or air and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles, and includes a road transport terminal and a rail terminal. tree includes a sapling, a shrub greater than 3 metres in height, or with a trunk diameter at ground level of 75mm or more, scrub, or a tree listed on the Council’s Significant Tree Register. unzoned land means land not zoned by this plan. utility installation means a building or work used for a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom. veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

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warehouse means a building used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade. waste management and/or recycling facility means a building or place used for the collection, storage, abandonment, sorting and/or sale of waste materials and/or the preparation of those recycled materials for further use. water cycle management means the handling of water and water resources in a manner that has regard to the whole of the hydrological process. This includes having regard to the quality and quantity of the resource from its various sources and its use and transport in the natural and built environment. water pollution or pollution of waters has the same meaning as in the Protection of the Environment Operations Act 1997. waterbody means: (a) a natural waterbody, including: (i) a lake or lagoon either naturally formed or artificially modified, or (ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or (iii) tidal waters including any bay, estuary or inlet, or (b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently. wetland means those areas where flora are dependent on, or are significantly adapted to living in, wet conditions for a significant part of their life cycle. wholesale plant nursery means a building or place used for both the growing and wholesaling of plants.

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WATER ACT 1912 of an existing entitlement – no increase in commitment to Murray River storage’s) (Reference: 60SL085471) (GA2: AN application under Part 2, within proclaimed (declared) 512602). local areas under section 5 (4) of the Water Act 1912. Anthony Peter KERR for 1 pump on Gol Gol Creek, Crown An application for a joint water supply scheme under Land fronting Lot 2/1008577, Parish of Gol Gol, County of section 20 for works within a proclaimed (declared) local Wentworth, for irrigation of 6 hectares (replacement licence area as generally described hereunder have been received – due to the amalgamation of existing licences – no increase from: in commitment to Murray River storages) (Reference: Unregulated Barwon/darling River Valley 60SL085473) (GA2:512603). BACK OF BOURKE FRUITS PTY LIMITED and Written objections to the applications specifying the OTHERS for 7 pumps on the Darling River Lots 8 and 9, grounds thereof may be made by any statutory authority or DP 753570 and Lot 660, DP 761689, Part section 3 Wharf local occupier within the proclaimed local area and must Reserve 975, Lot 3, DP 753570, Parish of North Bourke, be lodged with the Department’s Natural Resource Project County of Gunderbooka, Lot 3055, DP 765250, Lot 27, DP Officer at Buronga within twenty-eight (28) days as provided 753574, Parish of Pera, County of Gunderbooka, 2 pumps on by the Act. the Big Billabong, Lots 23 and 30, DP 753574, Parish of Pera, P. WINTON, County of Gunderbooka and an earthen bywash dam on the Natural Resource Project Officer, Big Billabong Lots 4, 5 and 20, DP 753574, Parish of Pera, Murray-Murrumbidgee Region. County of Gunderbooka, for conservation of water and water supply for stock, domestic, industrial purposes and irrigation Department of Infrastructure, Planning and of 242.5 hectares of citrus, stone fruit and vine vegetables Natural Resources (replacement of existing water entitlements – replacement 32 Enterprise Way (PO Box 363), Buronga, NSW 2739, of existing water, existing licence numbers 80SL042402, Telephone: (03) 5021 9400. 80SL047802, 80SL095133, 80SL095401, 80SL095844 and 80SL031784) (Application No.: 80SA010618) (GA2: 494469). WATER ACT 1912 The subject application seeks to combine existing licence THE Local Land Board for the Land District of Cowra will, at entitlements into a joint water supply scheme to enhance the 10:00 a.m., on Wednesday, 14 April 2004, at the Cowra Court efficiency of existing water entitlements on the applicant House, publicly inquire as to the desirability of granting an company’s holdings. Note no increase in area, no increase application for a licence under Part 2 of the Water Act 1912, in annual volumetric limit. by Ian James BRYANT and Jennifer Fae BRYANT, for a drain in the catchment of Crowther Creek on Lots 12 and Any enquires regarding the above should be directed to 13, DP 285019, Parish of Mulyan, County of Forbes, for the the undersigned (telephone: 6872 2144). drainage of runnoff water. Written objections to the application specifying grounds Any person who thinks their interests may be affected by thereof, may be made by any statutory authority or local the granting of this application may present their case at this occupier within the proclaimed area and must be lodged with hearing. (Reference: 70SL090943) (GA2:466317). the Department’s office at Bourke within twenty-eight (28) days as prescribed by the Act. VIV RUSSELL, Resource Access Manager, ALLAN AMOS, Central Western Region. Natural Resource Project Officer (Resource Access). Department of Infrastructure, Planning and Natural Resources, Department of Infrastructure, Planning and PO Box 136, Forbes, NSW 2871, Natural Resources, Telephone: (02) 6852 1222. PO Box 342, Bourke, NSW 2840.

WATER ACT 1912 WATER ACT 1912 APPLICATIONS for a licence under Part 2 of the Water Act APPLICATIONS under Part 2 of the Water Act 1912, being within 1912, being within a proclaimed (declared) local area under a proclaimed (declared) local area under section 5(4) of the Water section 5(4) of the Act. Act 1912. Applications for a licence under section 10 of Part 2 of Applications for a licence under section 10 of Part 2 of the Water the Water Act 1912, has been received as follows: Act 1912, has been received as follows: Lachlan River Valley Murray River Valley CRANDELL PTY LIMITED for a pump on the Lachlan Vittoria GILARDI for 1 pump on the Murray River, Lot1/ River on Lot 137/752936, Parish of Cumbijowa, County of 1057133, Parish of Mourquong, County of Wentworth, for Forbes, for water supply for irrigation of 464.83 hectares irrigation of 4 hectares (replacement licence due to separation (new licence – increase in allocation – combining existing NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1444 OFFICIAL NOTICES 19 March 2004 entitlement with additional entitlement obtained by way That from 8:00 a.m., Wednesday, 17 March 2004, until of permanent transfer scheme) (Reference: 70SL090967) 8:00 a.m., Thursday, 18 March 2004, the taking of water from (GA2:466314). the Yanco Creek System is restricted as follows: Christopher Anthony JONES for 1 pump on Lachlan All pumping for irrigation is suspended. River on Lot 36/752356, Parish of Whyaddra, County of Dowling, for water supply for domestic and stock purposes Any person who contravenes the restrictions imposed by and for irrigation of 444.50 hectares (cereals) (new licence this notice is guilty of an offence and is liable on conviction – increase in pump size – no increase in area or allocation – to a penalty not exceeding: amalgamation of existing entitlements – in lieu of advertising in Government Gazette No. 174, dated 31 October 2003 and (a) where the offence was committed by a Corporation Condobolin Lachlander, dated 31 October 2003) (Reference: $22,000: or in the case of a continuing offence to 70SL090941) (GA2:466316). further penalty not exceeding $2,200 per day. (b) where the offence was committed by any other person APPLICATIONS for an authority under section 20 of Part 2 $11,000: or in the case of a continuing offence to of the Water Act 1912, have been received as follows: further penalty not exceeding $1,100 per day. Lachlan River Valley Dated this 17th day of March 2004. Peter NEWTON, Megan Louise SCHOLEFIELD and Katherine Louise SCHOLEFIELD, for a pump on Lachlan DAVID HARRISS, River, on Lots 142 and 264/752962, Parish of Wongajong, Regional Director, County of Forbes, for water supply for domestic and stock Murrumbidgee Region. purposes and irrigation purposes 23.50 hectares (new authority – splitting existing entitlement – no increase in area – no increase in allocation) (Reference: 70SA009614) (GA2:466313). WATER ACT 1912 Geoffrey Percival FRICKER and Graeme John FRICKER for 3 pumps on Lachlan River on Lot 1/856988 and Lots 108, APPLICATIONS for a licence under the section 10 of Part 2, 3 and 20A/752935 and Lot 1/857695, Parish of Cudgelong, 2 of the Water Act 1912, as amended, has been received as County of Forbes, for water supply for stock and domestic follows: purposes and for irrigation of 80.00 hectares (lucerne) (new authority – amalgamating existing entitlement – no increase DEPARTMENT OF ENVIRONMENT AND in area – no increase in allocation) (Reference: 70SA009615) CONSERVATION (Park Service Division) for a pump on (GA2:466315). Cattai Creek 323/826352 (Mitchell Park), Parish of Pitt Written objections specifying grounds thereof, may be Town, County of Cumberland, for water supply for industrial made by any statutory authority or local occupier within the purposes (camping ground amenities) (new licence – existing proclaimed local area whose interests may be effected must works – lodged under the 1998 NSW Water Amnesty – not be lodged with the Department within twenty-eight (28) days subject to the Hawkesbury/Nepean Embargo) (Reference: of the date of this publication as prescribed by the Act. 10SL55738) (GA2:462949). VIV RUSSELL, DEPARTMENT OF ENVIRONMENT AND Resource Access Manager, CONSERVATION (Park Service Division) for a pump on Water Access. the Hawkesbury River 1/605329 (Part Cattai National Park), Department of Infrastructure, Planning and Parish of Maroota, County of Cumberland, for water supply Natural Resources, for industrial purposes (camping ground amenities) and the PO Box 136, Forbes, NSW 2871, irrigation of 40.0 hectares (improved pasture) (replacement Telephone: (02) 6852 1222. licence – amendment to purpose – existing works – not subject to the Hawkesbury/Nepean Embargo) (Reference: 10SL56558) (GA2:462949). WATER ACT 1912 Notice Under Section 22B – Pumping Restrictions Any inquiries regarding the above should be directed to the undersigned (Telephone: 9895 7194). Yanco Creek System U/S of Darlot THE Water Administration Ministerial Corporation, pursuant Written objections specifying grounds thereof must be to section 22B of the Water Act 1912, being satisfied that the lodged with the Department within twenty-eight (28) days quantity of water available or likely to be available in the of the date of this publication as prescribed by the Act. Yanco Creek System which includes Yanco Creek, Colombo Creek, Forrest Creek and Billabong Creek upstream of Darlot WAYNE CONNERS, is insufficient to meet all requirements with respect to the Natural Resource Project Officer, taking of water from that section of the river hereby gives Sydney/South Coast Region. notice to: Holder of licences issued under Part 2 of the Water Act Department of Infrastructure, Planning and 1912, other than for stock and domestic water supply Natural Resources, purposes. PO Box 3935, Parramatta, NSW 2124.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 19 March 2004 OFFICIAL NOTICES 1445

Department of Lands

FAR WEST REGIONAL OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo, NSW 2830 Phone: (02) 6883 3000 Fax: (02) 6883 3099

ESTABLISHMENT OF RESERVE TRUST SCHEDULE PURSUANT to section 92(1) of the Crown Lands Act 1989, COLUMN 1 COLUMN 2 the reserve trust specified in Column 1 of the Schedule Land District: Bourke Reserve No. 1010089 hereunder is established under the name stated in that Column Local Government Area: Public Purpose: and is appointed as trustee of the reserve specified opposite Bourke Shire Council Public Recreation thereto in Column 2 of the Schedule. Locality: Bourke Lot Sec. D.P. No. Parish County TONY KELLY, M.L.C., 11 85 758144 Bourke Cowper Minister Assisting the Minister for Natural Resources (Lands) Area: 13m2 File Reference: WL04R29/1

SCHEDULE Notes: This notice revokes Reserve 86118 for Ambulance COLUMN 1 COLUMN 2 Station which is no longer required. Wharf Area Park Reserve Trust Reserve No. 1010089 Public Purpose: Public Recreation Notified: This Day APPOINTMENT OF CORPORATION TO File Reference: WL04R29/1 MANAGE RESERVE TRUST PURSUANT to section 95 of the Crown Lands Act 1989, the corporation specified in Column 1 of the Schedule APPOINTMENT OF TRUST BOARD MEMBERS hereunder is appointed to manage the affairs of the reserve trust specified opposite thereto in Column 2, which is trustee PURSUANT to section 93 of the Crown Lands Act 1989, of the reserve referred to in Column 3 of the Schedule. the persons whose names are specified in Column 1 of the Schedule hereunder are appointed, for the terms of office specified in that Column, as members of the trust board for the TONY KELLY, M.L.C., reserve trust specified opposite thereto in Column 2, which Minister Assisting the Minister for Natural has been established and appointed as trustee of the reserve Resources (Lands) referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural SCHEDULE Resources (Lands) COLUMN 1 COLUMN 2 COLUMN 3 Bourke Shire Wharf Area Park Reserve No. 1010089 Council Reserve Trust Public Purpose: SCHEDULE Public Recreation Notified: This Day COLUMN 1 COLUMN 2 COLUMN 3 File Reference: WL04R29/1 James Francis Baird Menindee Lakes Reserve No. 83184 (new member) Park Trust Public Purpose: Eleanor Margaret Public Recreation For a term commencing this day. Blows Notified: 19 May 1961 (new member) File Reference: WL90R65/4 For a term commencing this day and expiring 19 December 2006. ERRATUM

IN the Government Gazette of 27 February 2004, Folios 929 to 933 under the heading “Revocation of Reservation RESERVATION OF CROWN LAND of Crown Land” in column 2 of the Schedule relating to Reserve No. 97901 (folio 933) below Lot 1531 D.P. 763377 PURSUANT to section 87 of the Crown Lands Act 1989, the “Lot 1605 D.P. 763377” should be included and the area Crown land specified in Column 1 of the schedule hereunder should read 28.73ha. is reserved as specified opposite thereto in Column 2 of the Schedule. File No.: WL04R9. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Minister Assisting the Minister for Resources (Lands) Natural Resources (Lands)

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ALTERATION OF CONDITIONS OF WESTERN 5. The lessee shall ensure that any European heritage sites, LANDS LEASES artefacts, buildings or other areas of significance will not IT is hereby notified that in pursuance of the provisions be damaged, destroyed or defaced by either the lessee or of section 18J, Western Lands Act 1901, the conditions other persons present on the leased land. set out below attach to any Western Lands Leases where application has been made by the lessees for the addition of such conditions to allow for “Farm Tourism” and where 6. The lessee shall ensure that any fuel management and/or approval has been granted. fire trail access should be undertaken in accordance with fire mitigation measures to the satisfaction of the Bush CRAIG KNOWLES MP, Fire Authority. Minister for Infrastructure and Planning Minister for Natural Resources 7. The lessee shall undertake any appropriate measures, at his/her own expense as ordered by the Commissioner to SPECIAL CONDITIONS rehabilitate any degraded or disturbed areas. 1. (a) Before using the lease area for farm tourism the lessee shall take steps in the manner provided for in 8. The lessee shall ensure that all traffic is contained to the paragraph (c) to identify any aboriginal sites or relics designated tracks in order to reduce the impact on soil located on that part of the lease area to be used for and vegetation including potential wind and water erosion farm tourism. on those tracks. erect or permit any person to erect any (b) Where the existence and location of any aboriginal buildings or extend any existing buildings on the land site or relic is identified as a result of action taken leased except to the satisfaction of the Commissioner. under this condition or the existence of location of such a site or relic is otherwise within the knowledge of the lessee, the lessee shall ensure by taking such precautions as may be necessary that the site or relic is ALTERATION OF CONDITIONS OF WESTERN not interfered with, damaged, destroyed or defaced. LANDS LEASES (c) The lessee shall consult with the Local Aboriginal IT is hereby notified that in pursuance of the provisions Land Council with a view to identifying and locating of section 18J, Western Lands Act 1901, the conditions any aboriginal site or relics on the lease area. set out below attach to any Western Lands Leases where application has been made by the lessees for the addition (d) The lessee shall be familiar with the provisions of the of such conditions to allow for “Film Making” and where National Parks and Wildlife Act 1974 relating to the approval has been granted. protection of, interference with or the damaging or destruction of aboriginal sites or relics. CRAIG KNOWLES MP, Minister for Infrastructure and Planning (e) If an aboriginal site is discovered the lessee should Minister for Natural Resources contact the Manager, Cultural Heritage Unit, National Parks and Wildlife Service, Western Directorate, Dubbo. SPECIAL CONDITIONS 2. The lessee shall not in using the subject land for farm 1. No excavation will be undertaken on the lease area for tourism, observe, or allow any other person to observe, the purpose of film making. activities or cultural works of Aboriginal peoples or Torres Strait Islanders. 2. No building, structure or other thing that is a fixture (other than a fence or gate) shall be constructed or placed on 3. (a) The lessee shall not use any vehicle for the purpose the lease area for the purpose of film making. of “farm tourism” (and shall take all reasonable steps to prevent any other person from using any vehicle 3. No garbage or poisonous, toxic or hazardous substance for the purpose of “farm tourism”) on any part of arising from the use of the land for film making shall be the lease identified under the provisions of the Soil stored or disposed of on the lease area. Conservation Act 1938 as protected land or as being 4. No clearing of the land shall be undertaken for the purpose environmentally sensitive. of film making. (b) The lessee shall ensure that any access tracks must 5. (a) Before using the lease area for film making or granting be arranged in such a manner as to minimise the any licence for that purpose the lessee shall take steps disturbance of any land surface. in the manner provided for in paragraph (c) to identify any aboriginal sites or relics located on that part of 4. The lessee shall not destroy populations of any the lease area to be used for film making. endangered or threatened species, damage the critical habitat of endangered species, populations and ecological (b) Where the existence and location of any aboriginal communities or damage the habitat of any threatened site or relic is identified as a result of action taken species, populations or ecological communities scheduled under this condition or the existence of location of in the Threatened Species Conservation Act 1995 on any such a site or relic is otherwise within the knowledge part of the lease whilst using the land for the purpose of of the lessee, the lessee shall ensure by taking such farm tourism and shall prevent any other person from precautions as may be necessary that the site or relic is doing the same. not interfered with, damaged, destroyed or defaced.

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(c) The lessee shall consult with the applicant for any ALTERATION OF CONDITIONS OF WESTERN native title determination in respect of the lease area, LANDS LEASES any parties to that application of aboriginal descent IT is hereby notified that in pursuance of the provisions and the Local Aboriginal Land Council with a view to of section 18J, Western Lands Act 1901, the conditions identifying and locating any aboriginal site or relics set out below attach to any Western Lands Leases where on the lease area. application has been made by the lessees for the addition (d) The lessee shall ensure that any licensee is aware of of such conditions to allow for “Recreational Hunting” and the provisions of the National Parks and Wildlife Act where approval has been granted. 1974 relating to the protection of interference with or the damaging or destruction of aboriginal sites or CRAIG KNOWLES MP, relics. Minister for Infrastructure and Planning Minister for Natural Resources (e) If an Aboriginal site is discovered the lessee should contact the Manager, Cultural Heritage Unit, National Parks and Wildlife Service, Western Directorate, SPECIAL CONDITIONS Dubbo. 1. No excavation will be undertaken on the subject land 6. The lessee may grant a licence to a person to undertake area for the purpose of recreational hunting. film making on the lease area provided: 2. No building, structure or other thing that is a fixture (other (a) the licence is in writing; and than a fence or gate) shall be constructed or placed on the (b) contains conditions in or to the effect of the subject land for the purpose of recreational hunting. following: 3. No garbage or poisonous, toxic or hazardous substance (i) the licence does not confer on the licensee any arising from the use of the subject land for recreational right to the exclusive possession of the land; hunting shall be stored or disposed of on the subject (ii) the licensee shall not excavate or clear any land. land; 4. No clearing of the subject land shall be undertaken for (iii) the licensee shall not construct or place on the the purpose of recreational hunting. land by building, structure or other thing being a 5. (a) The lessee shall not use the subject land for fixture (other than a fence or gate); recreational hunting on more than 100 days in any (iv) the licensee shall not deposit or store on the one calendar year. land any garbage or poisonous, toxic or hazardous (b) The lessee shall in using the subject land for substances; recreational hunting take all reasonable precautions (v) (A) The licensee shall ensure that before any to ensure that persons are not put at risk or interfered film making operations commences and during with in the exercise of their rights and interests by such operations on the licence area, steps are taken reason of the use of the land for that purpose. to protect any aboriginal sites or relics on (c) The lessee shall when using the subject land for the licence area from damage, interference or recreational hunting: destruction. (i) ensure that all persons entering upon the (B) The licensee shall ensure that all persons land for recreational hunting are licensed to engaged in film making operations on the carry firearms under the Firearms Act 1996 licence area are aware of the provisions of the National Parks and Wildlife Act 1974 (ii) take all reasonable precautions to ensure that relating to the protection of, interference with hunting is undertaken in a safe manner and and the damaging and destruction of that ethical firearm practices are observed aboriginal sites and relics. when shooting near boundaries (iii) ensure that all persons entering upon the land 7. The lessee shall ensure that any European heritage sites, for recreational hunting are provided with artefacts, buildings or other areas of significance will not a map of the property clearly defining the be damaged, destroyed or defaced by either the lessee lease/property boundaries or other persons present on the leased land. (iv) place at the perimeter of the subject land 8. The lessee shall ensure that any fuel management and/or appropriate warning signs stating that the fire trail access should be undertaken in accordance with subject land is being used for recreational fire mitigation measures to the satisfaction of the Bush hunting Fire Authority. (v) ensure that only feral animals are hunted 9. The lessee shall undertake any appropriate measures, at except where persons are otherwise licensed his/her own expense as ordered by the Commissioner to to take or kill fauna under the National Parks rehabilitate any degraded or disturbed areas. and Wildlife Act 1976. 10. The lessee shall ensure that any access tracks must be (vi) ensure that adequate provision is made for the arranged in such a manner as to minimise the disturbance removal and disposal of animal carcases. of any land surface. (vii) ensure that all persons entering upon the land 11. The lessee shall ensure that all traffic is contained to for recreational hunting comply with the the designated tracks in order to reduce the impact on provisions of the Game & Feral Animal soil and vegetation including potential wind and water Control Act, 2002 and any regulations under erosion on those tracks. that Act. NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1448 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1449

6. (a) Before using the subject land for recreational actions suits claims and demands of whatsoever hunting or granting any licence for that purpose the nature and all costs charges and expenses in respect lessee shall take steps in the manner provided for in of any accident or injury to any person or property paragraph (c) to identify any aboriginal sites or relics which may arise out of the use of the subject land located on the subject land. for the purpose of recreational hunting. (b) Where the existence and location of any aboriginal (c) The lessee expressly agrees that the obligations of site or relic is identified as a result of action taken the lessee under this clause shall continue after the under this condition or the existence or location of expiration or other determination of this lease in such a site or relic is otherwise within the knowledge respect of any act deed matter or thing happening of the lessee, the lessee shall ensure by taking such before such expiration or determination. precautions as may be necessary that the site or relic is not interfered with, damaged, destroyed or 11. (a) The lessee will forthwith take out and thereafter defaced. during the term keep current a public risk insurance policy for the amount of $10 000 000 for any one (c) The lessee shall consult with the applicant for any claim (or such other reasonable amount as the native title determination in respect of the subject Minister may from time to time specify in writing land, any parties to that application of aboriginal to the Holder) in respect of the use of the land for descent and the Local Aboriginal Land Council with recreational hunting whereby the Minister shall a view to identifying and locating any aboriginal site during the continuance of the lease be indemnified or relics on the subject land. against all actions suits claims demands proceedings losses damages compensation costs charges and (d) The lessee shall ensure that any licensee is aware of expenses. the provisions of the National Parks and Wildlife Act 1974 relating to the protection of interference with (b) The following provisions apply to all policies of or the damaging or destruction of aboriginal sites or insurance required to be effected by the lessee: relics. (i) Where the Minister serves a notice on the holder (e) If an aboriginal site is discovered the lessee should directing the holder to enter into a policy with an contact the Manager, Cultural Heritage Unit, National insurer approved by the Minister the policy Parks and Wildlife Service, Western Directorate, is to be entered into with an insurer approved Dubbo. by the Minister. The Minister shall specify a list of approved insurers in any notice served 7. (a) The lessee shall not use any vehicle for the purpose under this paragraph. Where the Minister does of recreational hunting (and shall take all reasonable not serve a notice as provided for in this steps to prevent any other person from using any paragraph polices of insurance shall be vehicle for the purpose of recreational hunting) on entered into with an insurer carrying on business any part of the lease identified under the provisions in Australia. of the Soil Conservation Act 1938 as protected land (ii) All policies are to contain conditions and or as being environmentally sensitive. exclusions commonly effected in relation to (b) The lessee shall ensure that any access tracks must the type of activity undertaken on the Premises be arranged in such a manner as to minimise the and the nature of the premises provided that the disturbance of any land surface. Minister may by notice served on the holder direct the holder to enter into a policy containing 8. The lessee shall not destroy populations or any specified provisions or which does not contain endangered or threatened species, damage the critical specified provisions or exclusions and the habitat of endangered species, populations and ecological holder shall use his best endeavours to comply communities or damage the habitat of any threatened with the direction. species, populations or ecological communities scheduled in the Threatened Species Conservation Act 1995 on any (iii) All policies are to be taken out in the names part of the lease whilst using the lands for the purpose of of the Minister and the holder for their recreational hunting and shall prevent any other person respective rights and interests and in the name from doing the same. of such other parties having an insurable interest as the Minister may require. 9. The lessee will not without the written consent of the (iv) Duplicate or certified copies of the policies and Minister by any act matter or deed or by failure or all renewal certificates and endorsement slips omission cause or permit to be imposed on the Minister are to be lodged by the holder with the Ministe any liability of the Holder under or by virtue of this Lease if required by the Minister. in the use of the land for the purpose of recreational hunting. (v) All premiums payable in respect of policies and renewals of policies are to be paid punctually by 10. (a) For the purposes of this clause the term Minister he holder and the receipt of each premium shall include Her Majesty the Queen Her Heirs and payable in respect of each policy (or other proof Successors the State of New South Wales the Minister f payment to the Minister’s satisfaction) is to be and the agents servants employees and contractors produced by the holder to the Minister at the of Her Majesty Her Majesty’s Heirs and Successors request of the Minister. the State of New South Wales and the Minister. (vi) Where the Minister has served notice on the (b) The lessee agrees that the lessee will indemnify and holder under paragraph (I) the holder will use keep indemnified the Minister from and against all all reasonable endeavours to ensure that the

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insurer which issues a policy advises the with and the damaging and destruction of aboriginal Minister of any failure by the holder to renew sites and relics. any policy or pay any premium in respect (vi) (a) The licensee shall not use the subject land thereof. for recreational hunting on more than 100 (vii) The holder will not at any time during the Term days in any one calendar year. do or bring upon the premises anything whereby (b) The licensee shall in using the subject any insurance relating to the premises against land for recreational hunting take all damage by fire and other risks may be rendered reasonable precautions to ensure that void or voidable. If the holder does or brings persons are not put at risk or interfered with anything upon the premises whereby the in the exercise of their rights and interests premium on the insurance shall be liable to be by reason of the use of the subject land for increased the holder will obtain insurance cover that purpose. for the increased risk and pay all additional (c) The licensee will place at the perimeter of premiums (if any) required to be paid. the subject land appropriate warning (viii) The holder will use all reasonable endeavours signs stating that the subject land is being to ensure that full true and particular used for recreational hunting. information is given to the insurer with which (d) The licensee shall comply with the the insurances are effected of all matters and provisions of the Game & Feral Animal things the non-disclosure of which might in Control Act, 2002 and any regulations any way prejudice or affect any policy of nder that Act. insurance or the payment of all or any moneys 13. The lessee shall ensure that any European heritage sites, thereunder. artefacts, buildings or other areas of significance will not (c) The Minister in his own name or as the attorney of be damaged, destroyed or defaced by either the lessee the holder in the name of the holder shall be entitled or other persons present on the leased land. to institute all proceedings against any insurer which 14. The lessee shall ensure that any fuel management and/or issues a policy of insurance required by the lease fire trail access should be undertaken in accordance with to recover from it any amount for loss damage or fire mitigation measures to the satisfaction of the Bush injury or other money payable under any indemnity Fire Authority. in favour of the Minister. The holder hereby appoints the Minister the attorney of the holder for the purpose 15. The lessee shall undertake any appropriate measures, at as aforesaid. his/her own expense as ordered by the Commissioner to rehabilitate any degraded or disturbed areas. (d) The holder expressly agrees that the provisions of subclause (b) continue in force after the termination 16. The lessee shall ensure that all traffic is contained to date. the designated tracks in order to reduce the impact on soil and vegetation including potential wind and water 12. The lessee may grant a licence to a person to use the erosion on those tracks. subject land for recreational hunting provided: (a) the licence is in writing; and ALTERATION OF CONDITIONS OF WESTERN (b) contains conditions in or to the effect of the LANDS LEASES following: (i) the licence does not confer on the licensee any IT is hereby notified that in pursuance of the provisions right to the exclusive possession of the subject of section 18J, Western Lands Act 1901, the conditions land; set out below attach to any Western Lands Leases where application has been made by the lessees for the addition of (ii) the licensee shall not excavate or clear the such conditions to allow for “Shooting Range” and where subject land; approval has been granted. (iii) the licensee shall not construct or place on the subject land by building, structure or other thing CRAIG KNOWLES MP, being a fixture (other than a fence or gate); Minister for Infrastructure and Planning Minister for Natural Resources (iv) the licensee shall not deposit or store on the

subject land any garbage or poisonous toxic or hazardous substances; SPECIAL CONDITIONS (v) (a) The licensee shall ensure that before any 1. No excavation will be undertaken on the subject land area operations on the subject land commences for the purpose of shooting range. and during such operations of the subject land, steps are taken to protect any 2. No building, structure or other thing that is a fixture (other aboriginal sites or relics on the subject land than a fence or gate) shall be constructed or placed on the from damage, interference or destruction. subject land for the purpose of shooting range. (b) The licensee shall ensure that all persons 3. No garbage or poisonous, toxic or hazardous substance using the subject land for recreational arising from the use of the subject land for shooting range hunting are made aware of the provisions of shall be stored or disposed of on the subject land. the National Parks and Wildlife Act 1974 relating to the protection of, interference 4. No clearing of the subject land shall be undertaken for the purpose of a shooting range. NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1450 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1451

5. (a) The lessee shall not use the subject land as a shooting 9. The lessee may grant a licence to a person to use the range on more than 100 days in any one calendar subject land for a shooting range provided: year. (a) the licence is in writing; and (b) The lessee shall in using the subject land for a (b) contains conditions in or to the effect of the shooting range take all reasonable precautions to following: ensure that persons are not put at risk or interfered (i) the licence does not confer on the licensee any with in the exercise of their rights and interests by right to the exclusive possession of the subject reason of the use of the land for that purpose. land; (c) The lessee shall when using the subject land for a (ii) the licensee shall not excavate or clear the shooting range place at the perimeter of the subject subject land; land appropriate warning signs stating that the subject land is being used for a shooting range. (iii) the licensee shall not construct or place on the subject land by building, structure or other 6. (a) Before using the subject land for a shooting range thing being a fixture (other than a fence or or granting any licence for that purpose the lessee gate); shall take steps in the manner provided for in (iv) the licensee shall not deposit or store on the paragraph (c) to identify any aboriginal sites or relics subject land any garbage or poisonous toxic located on the subject land. or hazardous substances; (b) Where the existence and location of any aboriginal (v) (a) The licensee shall ensure that before any site or relic is identified as a result of action taken operations on the subject land commences under this condition or the existence or location of and during such operations of the subject such a site or relic is otherwise within the knowledge land, steps are taken to protect any aboriginal of the lessee, the lessee shall ensure by taking such sites or relics on the subject land from damage, precautions as may be necessary that the site or interference or destruction. relic is not interfered with, damaged, destroyed or defaced. (b) The licensee shall ensure that all persons using the subject land as a shooting range are made aware of (c) The lessee shall consult with the applicant for any the provisions of the National Parks and Wildlife native title determination in respect of the subject Act 1974 relating to the protection of, interference land, any parties to that application of aboriginal with and the damaging and destruction of aboriginal descent and the local aboriginal land council with sites and relics. a view to identifying and locating any aboriginal site or relics on the subject land. (c) If an Aboriginal site is discovered the lessee should contact the Manager, Cultural Heritage (d) The lessee shall ensure that any licensee is aware Unit, National Parks and Wildlife Service, Western of the provisions of the National Parks and Wildlife Directorate, Dubbo. Act 1974 relating to the protection of, interference (vi) (a) The licensee shall not use the subject land with or the damaging or destruction of aboriginal as a shooting range on more than 100 days sites or relics. in any one calendar year. 7. The lessee will not without the written consent of the (b) The lessee shall in using the subject land Minister by any act matter or deed or by failure or for a shooting range take all reasonable omission cause or permit to be imposed on the Minister precautions to ensure that persons are not any liability of the Holder under or by virtue of this put at risk or interfered with in the exercise Lease in the use of the land for the purpose of shooting of their rights and interests by reason of the range. use of the land for that purpose. (c) The licensee will place at the perimeter of 8. (a) For the purposes of this clause the term Minister the subject land appropriate warning signs shall include Her Majesty the Queen Her Heirs and stating that the subject land is being used Successors the State of New South Wales the Minister for a shooting range. and the agents servants employees and contractors of Her Majesty Her Majesty’s Heirs and Successors (vii) (a) The licensee will forthwith take out the State of New South Wales and the Minister. thereafter during the Term keep current a public risk insurance policy for the amount (b) The lessee agrees that the lessee will indemnify and of $10,000,000 for any one claim (or such keep indemnified the Minister from and against all other reasonable amount as the Minister actions suits claims and demands of whatsoever may from time to time specify in writing nature and all costs charges and expenses in respect to the Holder) whereby the Minister shall of any accident or injury to any person or property during the continuance of the Licence which may arise out of the use of the subject land be indemnified against all actions suits for the purpose of shooting range. claims demands proceedings losses (c) The lessee expressly agrees that the obligations of damages compensation costs charges and the lessee under this clause shall continue after the expenses. expiration or other determination of this Lease in (b) The following provisions apply to all respect of any act deed matter or thing happening policies of insurance required to be effected before such expiration or determination. by the licensee:

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(i) Where the Minister serves a notice on (viii) The Holder will use all reasonable the Holder directing the Holder to enter endeavours to ensure that full true and into a policy with an insurer approved by particular information is given to the insurer the Minister the policy is to be entered with which the insurances are effected of into with an insurer approved by the all matters and things the non-disclosure of Minister. The Minister shall specify a list which might in any way prejudice or affect of approved insurers in any notice served any policy of insurance or the payment of under this paragraph. Where the Minister all or any moneys thereunder. does not serve a notice as provided for in (c) The Minister in his own name or as the attorney this paragraph policies of insurance shall of the Holder in the name of the Holder shall be be entered into with an insurer carrying on entitled to institute all proceedings business in Australia. against any insurer which issues a policy of (ii) All policies are to contain conditions and insurance required by the Lease to recover from exclusions commonly effected in relation it any amount for loss damage or injury or other to the type of activity undertaken on the money payable under any indemnity in favour Premises and the nature of the Premises of the Minister. The Holder hereby appoints the provided that the Minister may by notice Minister the attorney of the Holder for the purpose served on the Holder direct the Holder to as aforesaid. enter into a policy containing specified (d) The Holder expressly agrees that the provisions provisions or which does not contain of subclause (b) continue in force after the specified provisions or exclusions and the Termination Date. Holder shall use his best endeavours to comply with the direction. 10. The lessee shall ensure that any European heritage sites, artefacts, buildings or other areas of significance will not (iii) All policies are to be taken out in the be damaged, destroyed or defaced by either the lessee names of the Minister and the Holder for or other persons present on the leased land. their respective rights and interests and in the name of such other parties having 11. The lessee shall ensure that any fuel management and/or an insurable interest as the Minister may fire trail access should be undertaken in accordance with require. fire mitigation measures to the satisfaction of the Bush Fire Authority. (iv) Duplicate or certified copies of the policies and all renewal certificates and 12. The lessee shall undertake any appropriate measures, at endorsement slips are to be lodged by the his/her own expense as ordered by the Commissioner Holder with the Minister if required by the to rehabilitate any degraded or disturbed areas. Minister. 13. The lessee shall ensure that any access tracks must be arranged in such a manner as to minimise the disturbance (v) All premiums payable in respect of policies of any land surface. and renewals of policies are to be paid punctually by the Holder and the receipt 14. The lessee shall ensure that all traffic is contained to of each premium payable in respect of each the designated tracks in order to reduce the impact on policy (or other proof of payment to the soil and vegetation including potential wind and water Minister’s satisfaction) is to be produced erosion on those tracks. by the Holder to the Minister at the request of the Minister.

(vi) Where the Minister has served notice on the ALTERATION OF CONDITIONS OF A Holder under paragraph (i) the Holder will WESTERN LANDS LEASE use all reasonable endeavours to ensure that the insurer which issues a policy advises IT is hereby notified that in pursuance of the provisions of the Minister of any failure by the Holder section 18J, Western Lands Act 1901, the conditions of the to renew any policy or pay any premium undermentioned Western lands Lease have been altered as shown. in respect thereof. CRAIG KNOWLES MP, (vii) The Holder will not at any time during Minister for Infrastructure and Planning the Term do or bring upon the Premises Minister for Natural Resources anything whereby any insurance relating to the Premises against damage by fire and other risks may be rendered void or voidable. If the Holder does or brings Administrative District — Walgett; anything upon the Premises whereby the Shire — Walgett; premium on the insurance shall be liable Parish — Bundah, Campbell & Somerville; to be increased the Holder will obtain County — Finch insurance cover for the increased risk The conditions of Western Lands Lease 8349, being the and pay all additional premiums (if any) land contained within Folio Identifier 4055/766528 has required to be paid. been altered effective from 17 March 2004.

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SPECIAL CONDITIONS ATTACHED TO WESTERN LANDS LEASE 8349 TH area of 90 hectares (comprising of a 600-metre buffer on the north-western boundary) within Western Lands Lease 8349 (Portion WL 4055) shown hatched on the accompanying diagram shall not be cleared or cultivated and the lessee acknowledges that the Commissioner will not grant any consents for clearing and cultivation over the area.

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GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton, NSW 2460 Phone: (02) 6640 2000 Fax: (02) 6640 2035 REVOCATION OF RESERVATION OF CROWN REVOCATION OF RESERVATION OF CROWN LAND LAND PURSUANT to section 90 of the Crown Lands Act 1989, PURSUANT to section 90 of the Crown Lands Act 1989, the reservation of Crown land specified in Column 1 of the reservation of Crown land specified in Column 1 of the Schedule hereunder is revoked to the extent specified the Schedule hereunder is revoked to the extent specified opposite thereto in Column 2 of the Schedule. opposite thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Minister Assisting the Minister for Natural Resources (Lands) Resources (Lands)

SCHEDULE SCHEDULE COLUMN 1 COLUMN 2 COLUMN 1 COLUMN 2 Land District: Mirrool The whole being Land District: Mirrool The whole being Local Government Area: Lot Sec. D.P. No. Parish County Local Government Area: Lot Sec. D.P. No. Parish County Griffith City Council 3 86 758476 Jondaryan Cooper Griffith City Council 1 86 758476 Jondaryan Cooper Locality: Griffith of an area of 2314m2 Locality: Griffith of an area of 9.682ha Reserve No. 82326 Reserve No. 71914 Public Purpose: Public Purpose: Public Recreation Public Recreation Addition Notified: 10 May 1946. File Reference: GH02R69/1. Notified: 29 January 1960. File Reference: GH02R69/1. Notes: The Land upon revocation will be re-reserved and Notes: The Land upon revocation will be re-reserved and amalgamated for the purpose of public recreation and amalgamated for the purpose of public recreation and community purposes. community purposes.

REVOCATION OF RESERVATION OF CROWN RESERVATION OF CROWN LAND LAND PURSUANT to section 87 of the Crown Lands Act 1989, the PURSUANT to section 90 of the Crown Lands Act 1989, Crown land specified in Column 1 of the schedule hereunder the reservation of Crown land specified in Column 1 of is reserved as specified opposite thereto in Column 2 of the the Schedule hereunder is revoked to the extent specified Schedule. opposite thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Minister Assisting the Minister for Natural Resources (Lands) Resources (Lands) SCHEDULE SCHEDULE COLUMN 1 COLUMN 2 COLUMN 1 COLUMN 2 Land District: Mirrool Reserve No. 1010108 Land District: Mirrool The whole being Local Government Area: Public Purpose: Local Government Area: Lot Sec. D.P. No. Parish County Griffith City Council Public Recreation Griffith City Council 2 86 758476 Jondaryan Cooper Locality: Griffith Community Purposes Locality: Jondaryan of an area of 4350m2 Reserve No. 78056 Lot Sec. D.P. No. Parish County Public Purpose: 3 86 758476 Jondaryan Cooper Public Recreation 2 86 758476 Jondaryan Cooper Addition 1 86 758476 Jondaryan Cooper Notified: 4 November 1955. Area: 10.35ha. File Reference: GH02R69/1. File Reference: GH02R69/1. Notes: Reserve No.s 71914, 78056 and 82326 revoked and Notes: The land upon revocation will be re-reserved and amalgamated to create a new reserve with Griffith amalgamated for the purpose of public recreation and City Council as Trust Manager. community purposes.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1454 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1455

GRIFFITH OFFICE 2nd Floor, Griffith City Plaza, 120–130 Banna Avenue (PO Box 1030), Griffith NSW 2680 Phone: (02) 6962 7522 Fax: (02) 6962 5670

NOTIFICATION OF CLOSING OF PUBLIC ROAD IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised therein ceases to be a public road and the rights of passage and access that previously existed in relation to the road are extinguished.

TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

Description Land District — Mirrool; Local Government Area — Griffith Road being Lot 1 DP 1062017, Parish Jondaryan, County Cooper. Note: On closing, the land within the former road remains vested in Griffith City Council as operational land for the purposes of the Local Government Act 1993. File No: GH00H47. Council Reference: 348:TB:AI.

HAY OFFICE 126 Lachlan Street (PO Box 182), Hay, NSW 2711 Phone: (02) 6993 1306 Fax: (02) 6993 1135

NOTIFICATION OF CLOSING OF PUBLIC RESERVATION OF CROWN LAND ROAD PURSUANT to section 87 of the Crown Lands Act 1989, the IN pursuance of the provisions of the Roads Act 1993, the Crown land specified in Column 1 of the schedule hereunder road hereunder described is closed and the land comprised is reserved as specified opposite thereto in Column 2 of the therein ceases to be a public road and the rights of passage Schedule. and access that previously existed in relation to the road are TONY KELLY, M.L.C., extinguished. On road closure, title to the land comprising Minister Assisting the Minister for Natural the former public road vests in the body specified in the Resources (Lands) Schedule hereunder. TONY KELLY, M.L.C., Minister assisting the Minister for SCHEDULE Natural Resources (Lands) COLUMN 1 COLUMN 2 Land District: Hay Reserve No. 1010069 Local Government Area: Public Purpose: Description Carrathool Shire Council Public Recreation Land District of Deniliquin; Locality: Gunbar Council of Berrigan Lot Sec. D.P. No. Parish County 4 4 759145 Honuna Nicholson Lot 990 D.P. 1063313, Parish of Ulupna, County of Denison, 5 4 759145 Honuna Nicholson File No: HY 02 H 68. 6 4 759145 Honuna Nicholson Note: On closing, title for the land comprised in Lot 990 7 4 759145 Honuna Nicholson 1 661789 Honuna Nicholson remains vested in the Berrigan Shire Council as Operational Land. Area: 1.05ha. File Reference: HY81R10.

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MAITLAND OFFICE Cnr Newcastle Road & Banks Street (PO Box 6), East Maitland, NSW 2323 Phone: (02) 4934 2280 Fax: (02) 4934 2252

NOTIFICATION OF CLOSING OF ROAD NOTIFICATION OF CLOSING OF ROAD IN pursuance of the provisions of the Roads Act 1993, the IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised road hereunder described is closed and the land comprised therein ceases to be a public road and the rights of passage therein ceases to be a public road and the rights of passage and access that previously existed in relation to the road are and access that previously existed in relation to the road are extinguished. extinguished. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Minister Assisting the Minister for Natural Resources (Lands) Resources (Lands) Description Description Parish — Liddell; Parish – Wallarah; County — Durham; County – Northumberland; Land District — Singleton; Land District – Newcastle; Local Government Area — Singleton and Muswellbrook Local Government Area – Lake Macquarie Road Closed: Lot 1 DP 48536 and Lots 1 and 2 DP 48556 Road Closed: Lot 41 DP 1042026 at Swansea. at Liddell. File Reference: MD 01 H 242. File Reference: MD 96 H 402. Note: On closing, the land within Lot 41 DP 1042026 will Note: On closing, the land within Lot 1 DP 48536 and Lots 1 remain land vested in the Crown as Crown land. and 2 DP 48556 will remain land vested in the Crown as Crown land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1456 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1457

ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800 Phone: (02) 6393 4300 Fax: (02) 6362 3896 DRAFT ASSESSMENT OF LAND AT GOOLOOGONG ERRATUM UNDER PART 3 OF THE CROWN LANDS ACT 1989 AND CROWN LANDS REGULATIONS, 2000 THE Erratum notice appearing in the NSW Government Gazette of 5 March 2004 regarding correction to Lot number A Draft Land Assessment has been prepared for Crown land of Closed Road is withdrawn. File No. OE01H21. situated at Gooloogong, being land described hereunder. Inspection of this Draft Assessment can be made at the Orange Office of Crown Lands, Department of Lands, Cnr Kite and Anson Streets Orange 2800. (P.O. Box 2146), Cabonne Shire Council Chambers, during normal business hours. Representations are invited from the public on the Draft Assessment. These may be made in writing for a period of 28 days commencing from 19th March 2004, and should be addressed to Louise Harcombe, Orange at the above address. TONY KELLY, M.L.C., Minister assisting the Minister for Natural Resources (Lands)

DESCRIPTION Parish — Nanami; County — Ashburnham; Land District — Molong; Shire — Cabonne 9.417 hectares of reserved Crown land fronting the Lachlan River at Gooloogong. The parcel consists of Lot 142 DP 750175, being expired Special Lease 76466 for Dairying. The land contains minor native pasture and arable footslope terrain. A private Treaty Sale Application has initiated this assessment. Reference: OE83H674.

APPOINTMENT OF TRUST BOARD MEMBERS PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder are appointed, for the terms of office specified in that Column, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 Dennis Michael Gooloogong Public Reserve No. 95500 Dowd Recreation and Public Purpose: (re-appointment) Racecourse Trust Racecourse William Thomas Public Recreation Haydon Notified: 3 July 1981 (re-appointment) File Reference: Gary Francis McGrath OE80R188/3 (re-appointment)

For a term commencing this day and expiring 18 March 2009.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1456 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1457

TAMWORTH OFFICE 25-27 Fitzroy Street (PO Box 535), Tamworth, NSW 2340 Phone: (02) 6764 5100 Fax: (02) 6766 3805

APPOINTMENT OF TRUST BOARD MEMBERS PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder are appointed, for the terms of office specified in that column, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.l.C., Minister Assisting the Minister for Natural Resources (Lands).

SCHEDULE Column 1 Column 2 Column 3

Garnet Roy MEISSNER Manilla Public Reserve No. 76443 (New Member), Recreation Purpose: Public Recreation Edward Mark Reserve Trust Notified: 11th December 1953 LEYDEN (Brady Park) Locality: Manilla (Re-appointment) File No: TH80R29 Bruce William NORTHEY (Re-appointment) For a term commencing this day and expiring on 5th November, 2008.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1458 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1459

SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150 (PO Box 3935), Parramatta, NSW 2124 Phone: (02) 9895 7657 Fax: (02) 9895 6227

ERRATUM IN the Government Gazette of 13 February 2004, Folio 677, under the heading of “Notification of Vesting of Lands under the Crown Lands Act 1989”, the vesting of Lot 1496 in DP 752011 in Randwick City Council and revocation of R82568 for Senior Citizen’s Centre is hereby cancelled. MN98R37 TONY KELLY, MLC., Minister Assisting the Minister for Natural Resources (Lands).

TAREE OFFICE 102-112 Victoria Street (PO Box 440), Taree, NSW 2430 Phone: (02) 6552 2788 Fax: (02) 6552 2816

DRAFT ASSESSMENT OF LAND UNDER PART 3 OF Description: 0.6 hectares being a 20 metre wide strip of THE CROWN LANDS ACT 1989 AND CROWN part of the bed of the south channel of the Manning River LANDS REGULATION 2000 fronting freehold land, being Lot 36 DP 627592, at the western end of Cabbage Tree Island, Parish of Oxley, County THE Minister Assisting the Minister for Natural Resources of Macquarie. (Lands) has prepared a draft land assessment for the Crown land described hereunder. Reason: To determine appropriate future land use and management options of the Crown land, including Inspection of this draft assessment can be made at the consideration of application for combination domestic timber Department of Lands, 98 Victoria Street, Taree and at the jetty/slipway and wet area fronting freehold land. Offices of Greater Taree City Council during normal business hours. Contact Officer: Mr Bob Birse Representations are invited from the public on the draft (File No. TE03H187) assessment. These may be made in writing for a period commencing from 19th March 2004 to 19th April 2004 and should be sent to the Manager, Mid North Coast, Department of Lands, P.O. Box 440, Taree, 2430. Telephone enquiries should be directed to the Taree office on 02 6552 2788. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1458 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1459

WAGGA WAGGA REGIONAL OFFICE Corner Johnston and Tarcutta Streets (PO Box 60), Wagga Wagga, NSW 2650 Phone: (02) 6937 2709 Fax: (02) 6921 1851

ROADS ACT 1993 ERRATUM ORDER IN the Government Gazette dated 27th February 2004, (Folio 942) under the heading “RESERVATION OF CROWN Transfer of Crown Road to a Council LAND”. Please amend the notification by deleting “1.315 IN pursuance of the provisions of Section 151, Roads Act hectares” and replacing it with “1.19 hectares”. WA03R21 1993, the Crown public roads specified in Schedule 1 are transferred to the Roads Authority specified in Schedule 2 hereunder, as from the date of publication of this notice and APPOINTMENT OF RESERVE TRUT AS as from that date, the roads specified in Schedule 1 cease to TRUSTEE OF A RESERVE be Crown public road. PURSUANT to section 92(1) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule TONY KELLY, M.L.C., hereunder is appointed as trustee of the reserve specified Minister Assisting the Minister for Natural opposite thereto in Column 2 of the Schedule. Resources (Lands) Parish — Gerogery; TONY KELLY, M.L.C., County — Goulburn; Minister Assisting the Minister for Natural Land District — Albury; Resources (Lands) Shire — Hume SCHEDULE SCHEDULE 1 COLUMN 1 COLUMN 2 Crown Public Road 20.117 metres wide and described as Urana Shire Council Crown Reserve No. 84110 the road separating Lot 9 DP 10665 and Lot 22 DP 1049166 Reserves Reserve Trust Public Purpose: Water Supply from Lot 11 DP 10665. Notified: 14 December 1962 File Reference: WA03R17

SCHEDULE 2 Roads Authority: Hume Shire Council. DISSOLUTION OF RESERVE TRUST File No: WA04H46. PURSUANT to section 92(3) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule hereunder, which was established in respect of the reserve specified opposite thereto in Column 2 of the Schedule, is NOTIFICATION OF CLOSING OF A ROAD dissolved. IN pursuance of the provisions of the Roads Act, 1993, the road hereunder specified is closed, the road ceases to TONY KELLY, M.L.C., be a public road and the rights of passage and access that Minister Assisting the Minister for Natural previously existed in relation to the road are extinguished. Resources (Lands)

TONY KELLY, M.L.C., SCHEDULE Minister Assisting the Minister for Natural COLUMN 1 COLUMN 2 Resources (Lands) Frampton (220054) Reserve No. 220054 Reserve Trust Public Purpose: Environmental Protection Description Access Notified: 20 August 1993 Parish — Adelong; County — Wynyard; File Reference: WA99R1 Land District — Tumut; Shire — Tumut SCHEDULE COLUMN 1 COLUMN 2 Road Closed: Lot 50 in DP 1063419 at Adelong. Jindalee Landcare Group Crown Reserve No. 1002212 File No: WA00H227. Reserves Reserve Trust Public Purpose: Environmental Protection Note: On closing, the land within Lot 50 in DP 1063419 Notified: 11 December 1998 remains vested in the State of New South Wales as File Reference: WA99R1 Crown land. ESTABLISHMENT OF RESERVE TRUST

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1460 OFFICIAL NOTICES 19 March 2004

PURSUANT to section 92(1) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule hereunder is established under the name stated in that Column and is appointed as trustee of the reserve specified opposite thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 Cootamundra Landcare Network Reserve No. 1002212 Crown Reserves Trust Public Purpose: Environmental Protection Notified: 11 December 1998 Reserve No. 220054 Public Purpose: Environmental Protection Access Notified: 20 August 1993 File Reference: WA99R1

APPOINTMENT OF CORPORATION TO MANAGE RESERVE TRUST PURSUANT to section 95 of the Crown Lands Act 1989, the corporation specified in Column 1 of the Schedule hereunder is appointed to manage the affairs of the reserve trust specified opposite thereto in Column 2, which is trustee of the reserve referred to in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 Cootamundra Cootamundra Reserve No. 1002212 Landcare Network Landcare Network Public Purpose: Incorporated Crown Reserves Environmental Protection Trust Notified: 11 December 1998 Reserve No. 220054 Public Purpose: Environmental Protection Access Notified: 20August 1993 File Reference: WA99R1 For a term commencing this day.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 19 March 2004 OFFICIAL NOTICES 1461

Department of Mineral Resources

NOTICE is given that the following applications have been RENEWAL OF CERTAIN AUTHORITIES received: NOTICE is given that the following authorities have been EXPLORATION LICENCE APPLICATIONS renewed: (T04-0040) (T87-0330) No. 2302, MICHAEL JOHN KEEGAN, area of 13 units, Exploration Licence No. 2984, CLIMAX AUSTRALIA for Group 2 and Group 3, dated 8 March, 2004. (Armidale PTY LIMITED (ACN 002 164 598), County of Bathurst, Mining Division). Map Sheet (8731), area of 16 units, for a further term until 10 January, 2006. Renewal effective on and from 26 February, (T04-0041) 2004. No. 2303, RIMFIRE PACIFIC MINING NL (ACN 006 (T90-0618) 911 744), area of 37 units, for Group 1, dated 8 March, 2004. (Armidale Mining Division). Exploration Licence No. 4155, RIO TINTO EXPLORATION PTY LIMITED (ACN 000 057 125), (T04-0042) County of Ashburnham, Map Sheet (8631), area of 23 units, No. 2304, HARVEST EXPLORATION PTY LTD (ACN for a further term until 15 December, 2005. Renewal effective 003 069 501), area of 73 units, for Group 1, dated 8 March, on and from 8 March, 2004. 2004. (Sydney Mining Division). (T93-1013) (T04-0043) Exploration Licence No. 4632, ANGLOGOLD No. 2305, Pioneer Nickel Limited (ACN 103 423 981), AUSTRALIA LIMITED (ACN 008 737 424) and TRIAKO area of 98 units, for Group 1, dated 10 March, 2004. (Sydney RESOURCES LIMITED (ACN 008 498 119), County of Mining Division). Yancowinna, Map Sheet (7133, 7233, 7234), area of 70 units, for a further term until 20 December, 2005. Renewal effective (T04-0044) on and from 1 March, 2004. No. 2306, NEWCREST OPERATIONS LIMITED (ACN (T97-1003) 009 221 505), area of 12 units, for Group 1, dated 11 March, 2004. (Orange Mining Division). Exploration Licence No. 5420, ILUKA MIDWEST LIMITED (ACN 008 763 666), County of Taila, Map Sheet (T04-0045) (7428, 7429), area of 129 units, for a further term until 7 January, 2006. Renewal effective on and from 1 March, No. 2307, MATILDA RESOURCES PTY LTD (ACN 106 2004. 708 838), area of 99 units, for Group 1, dated 11 March, 2004. (Broken Hill Mining Division). (T97-1022) (T04-0046) Exploration Licence No. 5421, ILUKA MIDWEST LIMITED (ACN 008 763 666), Counties of Caira and No. 2308, GERALD SYLVESTER BYRNES, area of Taila, Map Sheet (7529), area of 124 units, for a further 1 unit, for Group 2, dated 12 March, 2004. (Broken Hill term until 7 January, 2006. Renewal effective on and from Mining Division). 1 March, 2004. (T04-0047) (T98-1028) No. 2309, PIONEER NICKEL LIMITED (ACN 103 423 Exploration Licence No. 5664, PEREGRINE MINERAL 981), area of 58 units, for Group 1, dated 12 March, 2004. SANDS N.L. (ACN 009 307 591), County of Taila, Map (Sydney Mining Division). Sheet (7429, 7529), area of 40 units, for a further term until 4 January, 2006. Renewal effective on and from 1 March, KERRY HICKEY, M.P., 2004. Minister for Mineral Resources (T98-1029) Exploration Licence No. 5665, PEREGRINE MINERAL SANDS N.L. (ACN 009 307 591), Counties of Kilfera and NOTICE is given that the following application for renewal Manara, Map Sheet (7530, 7531), area of 40 units, for a has been received: further term until 4 January, 2006. Renewal effective on and from 1 March, 2004. (C90-0237) (T99-0144) Authorisation No. 424, DEPARTMENT OF MINERAL RESOURCES, area of 173 square kilometres. Application Exploration Licence No. 5675, ALKANE EXPLORATION for renewal received 10 March, 2004. LTD (ACN 000 689 216), Counties of Ashburnham, Kennedy and Narromine, Map Sheet (8531, 8532), area of 87 units, for a further term until 16 January, 2006. Renewal effective KERRY HICKEY, M.P., on and from 11 March, 2004. Minister for Mineral Resources KERRY HICKEY, M.P., Minister for Mineral Resources

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1462 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1463

Roads and Traffic Authority

ROADS ACT 1993 ROADS ACT 1993

Notice of Dedication of Land as Public Road at LAND ACQUISITION (JUST TERMS Tyndale and Maclean in the Clarence Valley Council area COMPENSATION) ACT 1991

THE Roads and Traffic Authority of New South Wales, Notice of compulsory acquisition of land at Liverpool by its delegate, dedicates the land described in the in the Liverpool City Council area schedule below as public road under section 10 of the Roads Act 1993. The Roads and Traffic Authority of New South Wales by its delegate declares, with the approval of Her Excellency T D Craig the Governor, that the land described in the schedule Manager, Compulsory Acquisition & Road Dedication below is acquired by compulsory process under the Roads and Traffic Authority of New South Wales provisions of the Land Acquisition (Just Terms ______Compensation) Act 1991 for the purposes of the Roads Act 1993. SCHEDULE T D Craig All those pieces or parcels of land situated in the Clarence Manager, Compulsory Acquisition & Road Dedication Valley Council area, Parishes of Tyndale and Taloumbi Roads and Traffic Authority of New South Wales and County of Clarence, shown as: ______

Lots 18, 20, 21, 22, 25, 27 and 28 Deposited Plan 805843; SCHEDULE

Lot 15 Deposited Plan 112731; and All those pieces or parcels of land situated in the Liverpool City Council area, Parish of St Luke and Lots 49, 52 and 54 Deposited Plan 230180. County of Cumberland, shown as:

(RTA Papers: FPP 10/274.1258) Lot 3 Deposited Plan 1050030, being part of the land in Certificate of Title 736/533701; and

ROADS ACT 1993 Lot 16 Deposited Plan 1050036, being part of the land in Certificate of Title A/26897. Notice of Dedication of Land as Public Road at Boggabri in the Narrabri Shire Council area The land is said to be in the possession of Liverpool City Council. THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the (RTA Papers FPP 4M240; RO 259.12387 & 259.12386) schedule below as public road under section 10 of the Roads Act 1993.

T D Craig Manager, Compulsory Acquisition & Road Dedication Roads and Traffic Authority of New South Wales ______

SCHEDULE

All those pieces or parcels of land situated in the Narrabri Shire Council area, Parishes of Boggabri and Gulligal, County of Pottinger, shown as:

Lots 9 to 14 inclusive Deposited Plan 771680; and

Lots 7 to 10 inclusive Deposited Plan 771681.

(RTA Papers: 319.143)

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ROADS ACT 1993

Notice of Dedication of Land as Public Road at Kincumber in the Gosford City Council area

THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the schedule below as public road under section 10 of the Roads Act 1993.

T D Craig Manager, Compulsory Acquisition & Road Dedication Roads and Traffic Authority of New South Wales ______

SCHEDULE

All those pieces or parcels of land situated in the Gosford City Council area, Parish of Kincumber, County of Northumberland, shown as:

Lot 11 Deposited Plan 1053127; and

Lot 12 Deposited Plan 1045816.

(RTA Papers: 184.1268)

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ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Wakool Shire Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

CRAIG MOFFITT, General Manager Wakool Shire Council (by delegation from the Minister for Roads)

Schedule

1. Citation This Notice may be cited as th Wakool Shire Council B-Doubles Notice No 1, 2004.

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force until 31st December 2009 unless it is amended or repealed earlier.

4. Application This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

5. Routes B-Double routes within the Wakool Shire Council.

Type Road No Road Name Starting Point Finishing Point Conditions 25 000 Impimi Road Sturt Highway End -

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ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Culcairn Shire Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

STEVEN PINNUCK, General Manager Culcairn Shire Council (by delegation from the Minister for Roads)

Schedule

1. Citation This Notice may be cited as the Culcairn Shire Council B-Doubles Notice No 1, 2004.

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force until 31 December 2005 unless it is amended or repealed earlier.

5. Routes B-Double routes within the Culcairn Shire Council.

Type Road No Road Name Starting Point Finishing Point Conditions 25 000 Federal Street, Balfour Street King Street Ingress/Egress Culcairn forward motion only

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ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Culcairn Shire Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which 4.6 m high vehicles may be used subject to any requirements or conditions set out in the Schedule.

STEVEN PINNUCK, General Manager Culcairn Shire Council (by delegation from the Minister for Roads)

Schedule

1. Citation This Notice may be cited as the Culcairn Shire Council 4.6 metre High Vehicle Notice No 1, 2004.

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force until 31 December 2005 unless it is amended or repealed earlier.

4. Application This Notice applies to 4.6 metre high vehicles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

5. Routes 4.6 metre High Vehicle routes within the Culcairn Shire Council.

Type Road No Road Name Starting Point Finishing Point Conditions 4.6m 000 Henty- Olympic Henty Cookardinia Highway Machinery Field Road Days site

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ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Wollongong City Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

ROD OXLEY, General Manager Wollongong City Council (by delegation from the Minister for Roads) ______

Schedule

1. Citation This Notice may be cited as the Wollongong City Council B-Double Notice No 1/2004.

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force until 31 December 2009 unless it is amended or repealed earlier.

4. Application 4.1 This Notice applies to B-Doubles that comply with Schedule 1 to the Road Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

5. Routes B-Double routes within the City of Wollongong Type Rd Road Name Starting Finishing point Conditions No point 25 000 Berkeley Rd, Unanderra Investigator Unanderra Coil 1. The only places of Dr Processing access permitted for B- works (UCP) Doubles on this route are the UCP works & Smorgan ARC 2. Eastbound exit along Berkeley Rd must turn right at Investigator Dr 25 000 Resolution Dr, Berkeley Rd Bisalloy Steel Unanderra

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1468 OFFICIAL NOTICES 19 March 2004

ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Clarence Valley Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

KEN BOYLE General Manager Clarence Valley Council (by delegation from the Minister for Roads) ______

Schedule

1. Citation This Notice may be cited as the Clarence Valley Council B-Doubles Notice No 1/ 2004.

2. Commencement This Notice takes effect from date of gazettal.

3. Effect This Notice remains in force until 1 February 2007 unless it is amended or repealed earlier.

5. Routes B-Double routes within the Clarence Valley Council Type Road Road Name Starting point Finishing point Conditions No 25m 000 Mulgi Drive, Armidale Road Terminal End Grafton (MR74)

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Other Notices

APPRENTICESHIP AND TRAINEESHIP ACT APPRENTICESHIP AND TRAINEESHIP ACT 2001 2001 Notice of making of a Vocational Training Order Notice of making of a Vocational Training Order NOTICE is given that the Commissioner for Vocational NOTICE is given that the Commissioner for Vocational Training, in pursuance of section 6 of the Apprenticeship Training, in pursuance of section 6 of the Apprenticeship and Traineeship Act 2001 has made the following Vocational and Traineeship Act 2001 has made the following Vocational Training Order in relation to the recognised trade vocation Training Order in relation to the recognised trade vocation of Higher Engineering. of Electrotechnology Trade. CITATION CITATION The Order is cited as the Higher Engineering Trade Order. The Order is cited as the Electrotechnology Trade Order. ORDER A summary of the Order is given below. ORDER (a) Term of Training A summary of the Order is given below. Training shall be given for a nominal period of 4 years (a) Term of Training or until achievement of the relevant competencies to this Vocational Training Order is demonstrated. Training shall be given for a nominal period of 4 years or until achievement of the relevant competencies to (b) Competency Outcomes this Vocational Training Order is demonstrated. Apprentices will be trained in and learn the relevant competencies in accordance with the packaging (b) Competency Outcomes guidelines contained in the endorsed National Metal Apprentices will be trained in and learn the relevant and Engineering Training Package (MEM98). competencies in accordance with the packaging (c) Courses of Study to be undertaken guidelines contained in the endorsed Electrotechnology Apprentices will undertake the following certificate Industry Training Package (UTE99). from the National Metal and Engineering Training (c) Courses of Study to be undertaken Package (MEM98). Apprentices will undertake the following certificate Certificate IV in Engineering MEM40103 from the Electrotechnology Industry Training Package AVAILABILITY TO INSPECT (UTE99) A copy of the Vocational Training Order may be inspected Certificate IV in Electrotechnology Apparatus at any Industry Training Centre of the Department Servicing UTE40199 of Education and Training or on the Internet at Certificate IV in Electrotechnology Communications http://apprenticeship.det.nsw.edu.au UTE40302 ASSOCIATIONS INCORPORATION ACT 1984 Certificate IV in Electrotechnology Computer Systems UTE40499 Transfer of Incorporation Pursuant to Section 48 (4)(a) TAKE NOTICE that the company “Swedenborg Association Certificate IV in Electrotechnology Entertainment of Australia Limited” formerly registered under the provisions and Servicing UTE40602 of the Corporations Act 2001 is now incorporated under Certificate IV in Electrotechnology Explosion- the Associations Incorporation Act 1984 as “Swedenborg protections UTE40799 Association of Australia Incorporated” effective 11 March 2004. Certificate IV in Electrotechnology Instrumentation LINDA FULLER, UTE40999 Delegate of Commissioner Certificate IV in Electrotechnology Radar Systems Office of Fair Trading UTE41099 11 March 2004 Certificate IV in Electrotechnology Refrigeration and Air Conditioning UTE41199 APPRENTICESHIP AND TRAINEESHIP TRAINING ACT 2001 Certificate IV in Electrotechnology Systems Electrician UTE41202 Notice of making of a Vocational Training Order NOTICE is given that the Commissioner for Vocational AVAILABILITY TO INSPECT Training, in pursuance of section 6 of the Apprenticeship and Traineeship Act 2001, has made the following Vocational A copy of the Vocational Training Order may be inspected Training Order in relation to the recognised traineeship at any Industry Training Centre of the Department vocation of Transport and Distribution. of Education and Training or on the Internet at http://apprenticeship.det.nsw.edu.au CITATION The order is cited as the Transport and Distribution Order. NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1470 OFFICIAL NOTICES 19 March 2004 19 March 2004 OFFICIAL NOTICES 1471

ORDER (b) Competency Outcomes A summary of the Order is given below. Trainees will be trained in and achieve competence in the endorsed National Transport and Distribution (a) Term of Training Industry Competency Standards. (i) Full-time (c) Courses of Study to be undertaken Training shall be given for a nominal term of 12 months for a Certificate II, 24 months for a Certificate III and Trainees will undertake the following courses of 36 months for a Certificate IV or until achievement of study: the relevant competencies to this Vocational Training Certificate II Transport and Distribution Order is demonstrated. (Warehousing & Storage) TDT20102 Certificate III Transport and Distribution (ii) Part-time (Warehousing & Storage) TDT30102 The nominal term for a part time traineeship is Certificate IV Transport and Distribution determined by the average weekly hours worked in (Warehousing & Storage) TDT40102 the traineeship (including structured training) and the nominal full-time term for that traineeship. Certificate II Transport and Distribution (Road Transport) TDT20202 School based traineeships Certificate III Transport and Distribution (Road In the case of school-based part-time traineeships, where the Transport) TDT30202 nominal full-time term is twelve (12) months, training shall Certificate IV Transport and Distribution (Road be for nominal terms up to 30 months within which period(s) Transport) TDT40202 trainees shall be required to demonstrate competencies Certificate III Transport and Distribution (Cash relevant to the Vocational Training Order. Training may in Transit) TDT30802 extend to 36 months where the Higher School Certificate is Certificate III Transport and Distribution being delivered over a three (3) year period. (Mobile Crane Operation) TDT30902 Students may work full-time during school vacations. They Certificate IV Transport and Distribution are not required to attend on-the-job or off-the-job training (Mobile Crane Operation) TDT40902 for more than 7.6 hours per week during examination periods Certificate II Transport and Distribution or exam preparation periods. (Stevedoring) TDT20302 The table below identifies the allowable hours which Certificate III Transport and Distribution may be undertaken and the nominal terms for part-time (Stevedoring) TDT30302 traineeships. Certificate IV Transport and Distribution (Stevedoring) TDT40302 Full-time Certificate II Transport and Distribution (Rail Traineeship 6 12 18 24 30 36 48 Term mths mths mths mths mths mths mths Infrastructure) TDT20702 Certificate III Transport and Distribution (Rail Weekly Nominal Term Required (Months) Infrastructure) TDT30702 Hours Certificate IV Transport and Distribution (Rail 15 15 30 45 Not Allowable Infrastructure) TDT40702 16 15 29 44 Certificate II Transport and Distribution (Rail Operations) TDT20402 17 14 28 42 Certificate III Transport and Distribution (Rail 18 14 27 41 Operations) TDT30402 19 13 26 39 Certificate IV Transport and Distribution (Rail Operations) TDT40402 20 13 25 38 Certificate II Transport and Distribution 21 12 24 36 48 (Administration) TDT21102 Certificate III Transport and Distribution 22 12 23 35 46 (Administration) TDT31102 23 11 22 33 44 55 Certificate IV Transport and Distribution 24 11 21 32 42 53 (Administration) TDT41102 Diploma of Logistics Management TDT51002 25 10 20 30 40 50 60 Certificate II Transport and Distribution 26 10 19 29 38 48 57 (Maritime Operations) TDM20101 27 9 18 27 36 45 54 72 Certificate III Transport and Distribution (Maritime Operations) TDM30101 28 9 17 26 34 43 51 68 Certificate IV Transport and Distribution 29 8 16 24 32 40 48 64 (Maritime Operations) TDM40101 30 8 15 23 30 38 45 60 Certificate II Transport and Distribution (Marine Engine Driving) TDM20201 31 Not 22 28 35 42 56 Certificate III Transport and Distribution Allowable 32 20 26 33 39 52 (Marine Engine Driving) TDM30201

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Certificate IV Transport and Distribution (Marine BANKS AND BANK HOLIDAYS ACT 1912 Engineering) TDM40201 PROCLAMATION Certificate II in Transport and Distribution (Aviation Flight Operations) TDA20203 (L.S.) Marie Bashir, Governor. Certificate II in Transport and Distribution I, Professor Marie Bashir, AC, Governor of the State of New (Aviation Ground Operations and Services) South Wales, with the advice of the Executive Council, and in TDA20403 pursuance of section 19(1) of the Banks and Bank Holidays Certificate III in Transport and Distribution Act 1912, do, by this my Proclamation, appoint Tuesday, (Aviation Flight Operations) TDA30203 28 December 2004, to be observed as a public holiday Certificate III in Transport and Distribution throughout New South Wales. (Aviation Ground Operations and Services) Signed and sealed at Sydney, this 17th day of March TDA30403 2004. Certificate IV in Transport and Distribution (Aviation Flight Operations) TDA40203 By Her Excellency’s Command, Certificate IV in Transport and Distribution (Aviation Ground Operations and Services) JOHN DELLA BOSCA, M.L.C., TDA40403 Minister for Industrial Relations. AVAILABILITY FOR INSPECTION A copy of the Vocational Training Order may be inspected GOD SAVE THE QUEEN ! at any Industry Training Centre of the Department of Education and Training or on the Internet at http://apprenticeship.det.nsw.edu.au BANKS AND BANK HOLIDAYS ACT 1912 The package of units must comprise: PROCLAMATION ASSOCIATIONS INCORPORATION ACT 1984 (L.S.) Marie Bashir, Governor. Transfer of Incorporation Pursuant to Section 48 (4)(a) I, Professor Marie Bashir, AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in TAKE NOTICE that the company “Swedenborg Association pursuance of section 19(1) of the Banks and Bank Holidays of Australia Limited” formerly registered under the provisions Act 1912, do, by this my Proclamation, appoint Monday, 3 of the Corporations Act 2001 is now incorporated under January 2005, to be observed as a public holiday throughout the Associations Incorporation Act 1984 as “Swedenborg New South Wales. Association of Australia Incorporated” effective 11 March 2004. Signed and sealed at Sydney, this 17th day of March LINDA FULLER, 2004. Delegate of Commissioner By Her Excellency’s Command, Office of Fair Trading JOHN DELLA BOSCA, M.L.C., 11 March 2004 Minister for Industrial Relations.

ASSOCIATIONS INCORPORATION ACT 1984 GOD SAVE THE QUEEN ! Cancellation of incorporation pursuant to sections 55A and 55B TAKE NOTICE that the incorporation of the following BANKS AND BANK HOLIDAYS ACT 1912 associations is cancelled by this notice pursuant to sections PROCLAMATION 55A and 55B of the Associations Incorporation Act, 1984. (L.S.) Marie Bashir, Governor. Cancellation is effective as at the date of gazettal. Central Coast Seniors’ Computer Network I, Professor Marie Bashir, AC, Governor of the State of New Incorporated South Wales, with the advice of the Executive Council, and in pursuance of section 19(1) of the Banks and Bank Holidays Cessnock Meals on Wheels Service Incorporated Act 1912, do, by this my Proclamation, appoint Saturday, 26 Girls Accommodation Unit Incorporated March 2005, to be observed as a public holiday throughout Queanbeyan Bushrangers Flyball Club Incorporated New South Wales for the purpose of Easter Saturday. Upper Barbingal Creek Landcare Group Incorporated Signed and sealed at Sydney, this 17th day of March Upper Hunter Orchid Society Incorporated 2004. COLIN CROSSLAND, By Her Excellency’s Command, General Manager Registry of Co-operatives & Associations JOHN DELLA BOSCA, M.L.C., Minister for Industrial Relations. Office of Fair Trading Department of Commerce 12 March 2004 GOD SAVE THE QUEEN !

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BANKS AND BANK HOLIDAYS ACT 1912 1886, Northern Reserve gazetted on 25 September 1931) PROCLAMATION opposite the Shell service station site and a portion of General Holmes Drive located between the service station and Cook (L.S.) Marie Bashir, Governor. Park, in Brighton Le Sands and all in the local government I, Professor Marie Bashir, AC, Governor of the State of New area of Rockdale. South Wales, with the advice of the Executive Council, and in A map showing the site has been prepared and is available for pursuance of section 19(1) of the Banks and Bank Holidays inspection at the offices of the Department of Environment Act 1912, do, by this my Proclamation, appoint Monday, 13 and Conservation at 59-61 Goulburn Street, Sydney. June 2005, to be observed as a public holiday throughout New South Wales for the purpose of celebrating the Anniversary of the Birthday of Her Majesty the Queen. 2. Nature of the substance causing the contamination: Signed and sealed at Sydney, this 17th day of March 2004. Total petroleum hydrocarbons (TPH) in the fractions C6-C9, (including benzene, toluene, ethylbenzene and xylene) and By Her Excellency’s Command, C10-C36.

JOHN DELLA BOSCA, M.L.C., Minister for Industrial Relations. 3. Nature of harm that the substance may cause: The EPA has considered the matters in section 9 of the Act GOD SAVE THE QUEEN ! and found that the site is contaminated with the contaminants listed above in such a way as to present a significant risk of harm to human health and the environment. In particular, the EPA has found that: BANKS AND BANK HOLIDAYS ACT 1912 1. there is significant petroleum hydrocarbon contamination PROCLAMATION of groundwater, including separate phase petroleum (L.S.) Marie Bashir, Governor. hydrocarbon, and of soils onsite; I, Professor Marie Bashir, AC, Governor of the State of New 2. groundwater contaminated with dissolved phase South Wales, with the advice of the Executive Council, and in petroleum hydrocarbon has migrated offsite towards pursuance of section 19(1) of the Banks and Bank Holidays Brighton Beach. In particular benzene has been detected Act 1912, do, by this my Proclamation, appoint Monday, 3 in high concentrations underneath Cook Park. October 2005, to be observed as a public holiday throughout New South Wales for the purpose of Labour Day. Potential health risks exist for people who access Signed and sealed at Sydney, this 17th day of March contaminated soil and groundwater at the site (for example 2004. by carrying out work on service trenches). By Her Excellency’s Command, There is also a risk that contaminated groundwater will discharge to Botany Bay with contaminants at concentrations that may impact on aquatic and benthic ecosystems. JOHN DELLA BOSCA, M.L.C., Minister for Industrial Relations.

4. Further action under the Act GOD SAVE THE QUEEN ! The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may CONTAMINATED LAND MANAGEMENT ACT submit a voluntary remediation proposal for the site to the 1997 EPA. If the proposal satisfies the requirements of section Environment Protection Authority 26 of the Act, the EPA may agree not to issue a remediation Declaration of Remediation Site order to the person or persons bringing the proposal. Section 21 of the Contaminated Land Management Act 1997 Declaration Number 21051 5. Submissions invited THE Environment Protection Authority declares the following The EPA advises that the public may make written land to be a remediation site under the Contaminated Land submissions to the EPA on: Management Act 1997 (“the Act”): • Whether the EPA should issue a remediation order in relation to the site or 1. Land to which this declaration applies (“the site”): • Any other matter concerning the site. Lot 1 in Deposited Plan 515727, which is the service station site at 2 General Holmes Drive, part of Cook Park (Crown The EPA will consider all submissions regarding soil and Plan #8085-3000 Southern Reserve gazetted on 30 March groundwater contamination associated with this site.

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Submissions should be made in writing to: DISTRICT COURT OF NEW SOUTH WALES Director Contaminated Sites Direction Department of Environment and Conservation PURSUANT to section 173 of the District Court Act PO Box A290 1973, I direct that the District Court shall sit in its criminal SYDNEY SOUTH NSW 1232 jurisdiction at the place and time shown as follows: or faxed to: Bourke 10:00am 24th May 2004 (2 week) 02 9995 5930 In lieu of 17th May 2004 by not later than (3 weeks) 4 weeks from the date of this notice. Dated this 8th day of March 2004. CAROLYN STRANGE, Director Contaminated Sites R. O. BLANCH, Department of Environment and Conservation Chief Judge Date: 19 March 2004. GEOGRAPHICAL NAMES ACT 1966 NOTE: PURSUANT to the provisions of Section 10 of the Remediation order may follow Geographical Names Act 1966, the Geographical Names Board has this day assigned the geographical names listed If remediation of the site or part of the site is required, the hereunder: EPA may issue a remediation order under s.23 of the Act. Assigned Name: Royal Hospital for Women Park Variation/Revocation Designation: Reserve This declaration remains in force until it is otherwise varied L.G.A.: Woollahra Municipal Council or revoked. A declaration may only be revoked when the Parish: Alexandria EPA does not have reasonable grounds to believe that land is County: Cumberland contaminated in such as way as to present a significant risk L.P.I. Map: Botany Bay of harm (s.44 of the Act). 1:100,000 Map: Sydney 9130 Reference: GNB 4979 Information recorded by the EPA S.58 of the Contaminated Land Management Act 1997 Assigned Name: Edna Seehusen Reserve requires the EPA to maintain a public record. A copy of Designation: Reserve this remediation declaration will be included in the public L.G.A.: Hornsby Shire Council record. Parish: South Colah Information recorded by councils County: Cumberland L.P.I. Map: Hornsby S.59 of the Act requires the EPA to give a copy of this declaration to the relevant local council. The council is then 1:100,000 Map: Sydney 9130 required to note on its planning certificate issued pursuant Reference: GNB 4974 to s.149 (2) of the Environmental Planning and Assessment The position and the extent for these features are recorded Act that the land is currently an area covered by a declaration and shown within the Geographical Names Register of New issued under the Act. The EPA is required to notify council as South Wales. This information can be accessed through the Board’s Web Site at www.gnb.nsw.gov.au soon as practicable when the declaration is no longer in force and the notation on the s.149 (2) certificate is removed. WARWICK WATKINS, The EPA is part of the Department of Environment and Chairperson. Conservation NSW

DISTRICT COURT OF NEW SOUTH WALES Geographical Names Board PO Box 143, Bathurst NSW 2795. Direction PURSUANT to section 32 of the District Court Act 1973, I direct that the District Court shall sit in its civil jurisdiction GEOGRAPHICAL NAMES ACT 1966 at the place and time shown as follows: Notice of Assignment of Geographical Names Lismore 10.00 a.m. 26th July 2004 (2 weeks) PURSUANT to the provisions of section 10 of the In lieu of 16th August 2004 Geographical Names Act 1966, the Geographical Names (2 weeks) Board hereby notifies that it proposes to assign the name Dated this 8th day of March 2004. “Fairmile Cove” to an area between Mortlake Point and Breakfast Point adjacent to City of Canada Bay Local R. O. BLANCH, Government Area. Chief Judge

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The position and the extent for these features are recorded SCHEDULE 2 and shown within the Geographical Names Register of New Easement for underground cables as set out in Memorandum South Wales. This information can be accessed through the No 3021851 filed at Land & Property Information NSW. For Boards Web Site at www.gnb.nsw.gov.au the purposes of this notice, “lot burdened” means Lot 259 DP 876388 WARWICK WATKINS, Chairperson. SCHEDULE 3 Geographical Names Board PO Box 143, Bathurst NSW 2795. All that piece or parcel of land at Bonnyrigg in the City of Fairfield County of Cumberland Parish of St Luke being the sites of the proposed easement for padmount substation 2.75 wide and the proposed easement for underground cables 1 wide within Lot 259 DP 876388 shown as (E) and (F) in HOUSING ACT 1976 DP 875854. Dedication of Land as a Public Reserve ERRATUM INTEGRAL ENERGY AUSTRALIA THE Notification of Dedication appearing in the Government Electricity Supply Act 1995 Gazette of 23 August 1996, Folios 4934 and 4935, under the Land Acquisition (Just Terms Compensation) Act 1991 above heading is amended as follows: Notice of Compulsory Acquisition of Easement SCHEDULE DaptoDapto by the deletion of the words and figures “and 2177” in the second-last paragraph which begins “The land shown as INTEGRAL ENERGY AUSTRALIA declares, with the Lots 2171, 2174 and 2177 in Deposited Plan No. 776426, approval of Her Excellency the Governor and the Executive as Public Reserve at Erskine Park ……”. Council, that the interest in land described in Schedule 1 of this notice affecting the land described in Schedule 2 of Dated at Sydney this 9th day of March 2004. this notice is acquired by compulsory process in accordance (Ref: LE/661). with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Electricity CARL SCULLY, M.P., Supply Act 1995. Minister for Housing and Minister for Roads Dated at Huntingwood this 20th day of February 2004. JOHN WALLACE, General Manager Engineering Performance INTEGRAL ENERGY AUSTRALIA Integral Energy Australia Electricity Supply Act 1995 51 Huntingwood Drive Huntingwood NSW 2148 Land Acquisition (Just Terms Compensation) Act 1991 Notice of Compulsory Acquisition of Easement SCHEDULE 1 Bonnyrigg Easement for overhead power lines as set out in INTEGRAL ENERGY AUSTRALIA declares, with the Memorandum No 9262884 filed at Land & Property approval of Her Excellency the Governor and the Executive Information NSW. For the purposes of this notice, “lot Council that the interests in land described in Schedule 1 burdened” means Lot 101 DP617745Lot 101 DP617745. and Schedule 2 of this notice affecting the land described in Schedule 3 of this notice are acquired by compulsory process in accordance with the provisions of the Land Acquisition SCHEDULE 2 (Just Terms Compensation) Act 1991, for the purposes of the All that piece or parcel of land at Dapto, in the local Electricity Supply Act 1995. government area of Wollongong, Parish of Kembla, and Dated at Huntingwood this 11th day of December 2003. County of Camden, being the site of the proposed easement for overhead power lines 9 wide affecting that part of Lot 101 DP617745 designated (A) in DP1050988. JOHN WALLACE, General Manager, Engineering Performance MENTAL HEALTH ACT 1990 Integral Energy Australia Order under section 208 51 Huntingwood Drive Huntingwood NSW 2148 I, Robyn Kruk, Director-General of the NSW Department of Health, in pursuance of the provisions of section 208 of the Mental Health Act 1990, DO HEREBY declare the Hall Ward of The Royal Alexandra Hospital for Children to be a SCHEDULE 1 hospital for the purposes of the Mental Health Act 1990. Easement for padmount substation as set out in Signed this 12th day of March 2004. Memorandum No 3021852 filed at Land & Property Information NSW. For the purposes of this notice, “lot ROBYN KRUK, burdened” means Lot 259 DP 876388 Director-General

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PASSENGER TRANSPORT ACT 1990 • AS/NZS4360: 1999, the Australian Risk Management Standard, as amended from time to Guidelines relating to Drug & Alcohol Programs for Bus time, Operators pursuant to Section 9c(1)(A) of The Passenger Transport Act 1990 • Another equivalent Standard, as amended from time to time. 1.0 INTRODUCTION 4.3 Programs developed by operators to manage Individual employees are under an obligation to take alcohol and other drugs are to be based on the reasonable care for the health, safety and welfare of following principles: others and to cooperate with employers in their efforts to (a) Alcohol and other drug problems are to be dealt comply with the requirements of the Passenger Transport with as health problems, with an emphasis on Act 1990 and the relevant occupational health and safety education and rehabilitation in so far as it is requirements. consistent with the requirements of safety, Operators are responsible for ensuring that risks to health (b) Transport safety employees and their and safety in the workplace are identified and assessed, representatives are to be consulted at all stages of then eliminated or controlled. These risks include those program development and implementation, posed by the use of alcohol or other drugs. (c) Operators must inform all transport safety employees of their responsibilities in relation to The Guidelines promote a consistent approach across the the consumption or use of alcohol or other drugs bus sector to managing the risks posed by drug and alcohol which may adversely affect work performance or use. conduct, The Guidelines set out the principles governing operator (d) Operators must provide practical guidelines and policies and the approaches needed to manage this potential training to managers and supervisors for problem. The Guidelines state the context in which drug & dealing with transport safety employees whose alcohol testing will take place but do not prescribe the basis work performance or conduct is adversely affected of that testing or how it is to be administered. by alcohol or other drugs, including the application of disciplinary sanctions, The systems an operator needs to implement the Guidelines (e) Transport safety employees and their should correlate to its size and resources. representatives must comply with all employer directives applicable to alcohol and other drugs 2.0 SCOPE in the workplace and cooperate fully with employers to prevent incidents arising from the 2.1 The Guidelines shall have force subject to section 9C consumption or use of alcohol or other drugs, of the Passenger Transport Act 1990 (‘the Act’). (f) Transport safety employees who attend treatment or rehabilitation may have access to accrued 3.0 APPLICATION annual leave, sick leave or leave without pay, 3.1 The Guidelines shall apply to all accredited bus (g) Personal information received from transport operators providing public passenger services under safety employees during counselling treatment or he Act and whose transport safety employees are rehabilitation is to be treated in strict engaged in transport safety work. confidence, (h) Policies and programs developed by operators 3.2 The terms used in the Guidelines have the same should be tailored to address their operational meaning as they have in the Act and any regulation circumstances. The level of detail in a policy made thereunder. The term Director-General refers and program will reflect the size of the employer’s to the Director-General of the Ministry of Transport. operations, the extent of the risk and any applicable statutory requirement. 4.0 ELEMENTS OF A DRUG AND ALCOHOL PROGRAM 5.0 OPERATOR PROGRAMS 5.1 Operators must take the following matters into account 4.1 Operators, members of the public and transport safety when preparing and implementing an alcohol and other employees need to have confidence that the safety drug program: hazards posed by alcohol and other drugs are being monitored and controlled in an ongoing and rigorous (a) Taking measures to achieve a workplace culture fashion. that supports fitness for work, (b) Reducing the effects in the workplace of the 4.2 The systems used to implement an operator’s drug and consumption or use of alcohol and other drugs alcohol program must embody risk management including risks to safety and absenteeism, principles and may take account of the principles (c) Informing transport safety employees of the contained in: potential work related problems that may arise • AS/NZS4804: 2001, Occupational health and from the consumption or use of alcohol and other safety management systems – General guidelines drugs and of their responsibilities in relation to on principles, systems and supporting techniques, safety, conduct and performance, as amended from time to time, (d) Establishing a system to maintain the • AS/NZS4801: 2001, Occupational health and safety confidentiality of all information communicated management systems – Specification with guidance to them concerning alcohol and other drug related for use, as amended from time to time, problems,

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(e) Providing information to transport safety (e) Measures relating to intervention and the treatment employees about referral to counselling, treatment and rehabilitation of individuals with alcohol or and rehabilitation services where this is other drug related problems, appropriate. (f) Rules governing conduct in the workplace relating to alcohol and other drugs, the violation of which 6.0 RESPONSIBILITIES TO BE REQUIRED could result in the invoking of disciplinary and OF TRANSPORT SAFETY EMPLOYEES BY or criminal proceedings. OPERATORS 6.1 The training and assessment component of an Alcohol and other drug testing operator’s program shall involve the operator making transport safety employees aware of their 7.3 An operator shall satisfy itself that it has adequate responsibility for: arrangements in place for the testing of the transport (a) Ensuring that they do not, by the consumption of safety employees under its control. alcohol and other drugs, endanger their own safety 7.4 The pro-active management of risk may involve the or the safety of any other person in the workplace targeted or random testing of transport safety or a member of the public, employees. Whenever targeted or random testing is (b) Attending and resuming work not under the implemented, the operator’s program shall require influence of alcohol or other drugs, that: (c) Notifying their manager or supervisor if they are (a) Targeted testing be conducted in a manner that aware that their work performance or conduct maximises its effectiveness as a control for the could be adversely affected or if there is a risk to risks posed by the consumption of alcohol or other the safety of themselves or other persons as a drugs, result of a prescribed or non-prescribed drug, (b) Random testing be conducted in a manner that (d) Consulting with their manager, supervisor, union maximises its effectiveness as a control for the or occupational health and safety representative if they are concerned about other transport safety risks posed by the consumption of alcohol or other employees because of a perceived safety risk, drugs. Measures to achieve this end may include, (e) Following the operator’s directives and rules applicable to alcohol and other drugs in the (i) The conduct of random tests on a pre and post workplace and also in respect of rehabilitation sign-on basis for all persons engaged in programs endorsed by the operator. transport safety work without the giving of prior notification for such testing, (ii) The conduct of random tests according to 7.0 ELEMENTS OF AN ALCOHOL AND OTHER the provisions of the Passenger Transport DRUG PROGRAM (Drug and Alcohol Testing) Regulation As a minimum, the program shall consist of the 2004 or the provisions of a registered following elements: industrial agreement, An alcohol and other drug policy (iii) Administering of random urine tests 7.1 A policy that outlines the operator’s aims in relation to according to AS/NZS4308:2001: Procedures alcohol and other drug use with the objectives linked to for the collection, detection and quantitation the reduction of hazards and risks associated with of drugs of abuse in urine. The Australian alcohol and other drug use. The policy may also detail Standard sets out the procedures for the the ‘supporting measures’ including strategies and sample collection and detection and action plans to meet the objectives. quantitation of drugs of abuse in human urine. The method may be used for workplace ‘Supporting measures’ detection of any or all of the following classes 7.2 The ‘supporting measures’ for an alcohol and other of drugs: opiates, sympathomimetic amines, drugs program shall include information and cannabis metabolites, cocaine metabolites or procedures on the: benzodiazepines, (a) Measures to reduce alcohol and other drug related problems in the workplace through proper (c) Periodic assessments by an operator of the personnel management, good employment effectiveness of its drug and alcohol testing practices, improved working conditions and the according to accepted risk management proper arrangement of work, principles. (b) Measures to prohibit or restrict the availability of Disciplinary action, fair procedures, education and alcohol and other drugs in the workplace, assistance (c) Prevention of alcohol and other drug related 7.5 An alcohol and other drug program must clearly set problems in the workplace through information, out the: education, training and other means. Guideline (a) Sanctions applicable in the event of breaches 6.1 contains some matters that the program should of its requirements. This would include sanctions include, consequent upon a first breach of the program or (d) Identification, assessment and referral of those where a transport safety employee refuses or who have alcohol or other drug related fails to fully comply with the terms of a problems, rehabilitation program agreed with the operator,

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(b) Rules governing the application of the • National Transportation Safety Board of the United sanctions, including grievance resolution and States: appeal mechanisms, www.ntsb.gov (c) Protocols for fair procedures agreed with transport • National Aeronautics and Space Administration of safety employees and their representatives, the United States: (d) Education and assistance available to a transport www.nasa.gov safety employee who self identifies as someone • Transport Canada: whose consumption of alcohol or other drugs could impair his or her ability to safely undertake www.tc.gc.ca transport safety work, State Governments (e) Protocols for fair procedures, education and • New South Wales Independent Transport Safety and assistance available to a transport safety employee Reliability Regulator: who tests positive for the presence of a drug where: www.transportregulator.nsw.gov.au (i) The drug has been prescribed by a medical Peak union organisations practitioner for the person or purchased • The New South Wales Labor Council publishes by the person in respect of an identified detailed fact sheets and policies to assist employers medical condition, and and employees in the workplace. These have (ii) The person has taken the medication been developed with the assistance of various NSW according to the instructions of the medical Government agencies. practitioner or the instructions given on the The Labor Council Policy on Managing Alcohol, label of the medication, and Other Drugs and Fatigue in the Workplace (iii) The person taking the medication gave full for Employees covered by the Rail Safety and and timely warning to his or her supervisor Passenger Transport Acts has been endorsed by of this, and the Independent Transport Safety and Reliability (iv) The person was rostered for duty when Regulator as a compliant policy for the purposes of testing took place. these Guidelines. For fact sheets: www.unionsafe.labor.net.au/ 8.0 PERFORMANCE MILESTONES safety_reps/ 8.1 Where full and immediate compliance with the duty For policies: www.unionsafe.labor.net.au/ imposed by these Guidelines is impossible because officials/index of real resource constraints, an accredited operator may nominate performance milestones it must achieve over Peak industry associations time and request the accrediting body’s endorsement of • New South Wales Minerals Council: such an arrangement. The operator is taken to have www.nswmin.com.au complied with the duty imposed by these Guidelines • Charter Vessels Association: if it complies with the endorsed performance www.chartervessels.com.au Telephone (02) milestones. 9 968 1184 9.0 SOURCES OF INFORMATION ON DRUG AND Research bodies ALCOHOL MANAGEMENT • Centre for Sleep Research, University of South Australia: 9.1 There are a number of sources from which information www.unisa.edu.au/sleep/ on managing drug and alcohol related problems and • risks can be obtained. These include: Injury Risk Management Research Centre, University of New South Wales: United Nations www.irmrc.unsw.edu.au • The International Labour Organisation offers • Minerals Industry Safety & Health Centre, extensive resources designed to assist governments, University of Queensland: employers and employees in the management of www.mishc.uq.edu.au workplace-related risks. Reference should be made • Sleep Health & Respiratory Support Clinic, Royal to the 1995 Code of Practice entitled, ‘Management of Prince Alfred Hospital: Alcohol and Drug Related Issues in the Workplace’: www.rpasleep.org.au or www.ilo.org www.sleepsydney.org • National Governments Karolinska Institutet in Sweden: The following publish a wide range of investigation, www.info.ki.se policy and research papers on human factor related • Institut National de Recherche et de Securite (INRS) risks like drugs and alcohol: in France: • Australian Transport Safety Bureau: www.inrs.fr www.atsb.gov.au • Division of Sleep Medicine, University of • National Transport Commission (formerly the Pennsylvania: National Road Transport Commission): www.uphs.upenn.edu/sleepctr/divisionofsleep www.ntc.gov.au

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• American Academy of Sleep Medicine: 4.2 The systems used to implement an operator’s drug and www.aasmnet.org/ alcohol program must embody risk management principles and may take account of the principles • Human Psychopharmacology Research Unit, contained in: University of Surrey, UK: • AS/NZS4804: 2001, Occupational health and www.surrey.ac.uk/departments/ safety management systems – General guidelines on principles, systems and supporting techniques, JOHN LEE, as amended from time to time, Director-General • AS/NZS4801: 2001, Occupational health and safety Ministry of Transport management systems – Specification with guidance for use, as amended from time to time, PASSENGER TRANSPORT ACT 1990 • AS/NZS4360: 1999, the Australian Risk Guidelines relating to Drug & Alcohol Programs for Ferry Management Standard, as amended from time to Operators pursuant to section 53c(2)(a) of the Passenger time, Transport Act 1990 • Another equivalent Standard, as amended from time to time. 1.0 INTRODUCTION 4.3 Programs developed by operators to manage Individual employees are under an obligation to take alcohol and other drugs are to be based on the reasonable care for the health, safety and welfare of following principles: others and to cooperate with employers in their efforts to (a) Alcohol and other drug problems are to be comply with the requirements of the Passenger Transport dealt with as health problems, with an emphasis Act 1990 and the relevant occupational health and safety on education and rehabilitation in so far as it is requirements. consistent with the requirements of safety, Operators are responsible for ensuring that risks to health (b) Transport safety employees and their and safety in the workplace are identified and assessed, then representatives are to be consulted at all stages of eliminated or controlled. These risks include those posed by program development and implementation, the use of alcohol or other drugs. (c) Operators must inform all transport safety The Guidelines promote a consistent approach across the employees of their responsibilities in relation to the consumption or use of alcohol or other drugs ferry sector to managing the risks posed by drug and alcohol which may adversely affect work performance or use. conduct, The Guidelines set out the principles governing operator (d) Operators must provide practical guidelines and policies and the approaches needed to manage this potential training to managers and supervisors for problem. The Guidelines state the context in which drug & dealing with transport safety employees whose alcohol testing will take place but do not prescribe the basis work performance or conduct is adversely affected of that testing or how it is to be administered. by alcohol or other drugs, including the application of disciplinary sanctions, The systems an operator needs to implement the Guidelines should correlate to its size and resources. (e) Transport safety employees and their representatives must comply with all employer directives applicable to alcohol and other drugs 2.0 SCOPE in the workplace and cooperate fully with employers to prevent incidents arising from the 2.1 The Guidelines shall have force subject to section consumption or use of alcohol or other drugs, 53C of the Passenger Transport Act 1990 (‘the Act’). (f) Transport safety employees who attend treatment or rehabilitation may have access to accrued annual leave, sick leave or leave without pay, 3.0 APPLICATION (g) Personal information received from transport 3.1 The Guidelines shall apply to all ferry operators safety employees during counselling treatment or providing public passenger services under the Act and whose rehabilitation is to be treated in strict transport safety employees are engaged in transport safety confidence, work. (h) Policies and programs developed by operators 3.2 The terms used in the Guidelines have the same should be tailored to address their operational meaning as they have in the Act and any regulation made circumstances. The level of detail in a policy and thereunder. The term Director-General refers to the Director- program will reflect the size of the employer’s General of the Ministry of Transport. operations, the extent of the risk and any applicable statutory requirement. 4.0 ELEMENTS OF A DRUG AND ALCOHOL PROGRAM 5.0 OPERATOR PROGRAMS 4.1 Operators, members of the public and transport safety 5.1 Operators must take the following matters into account employees need to have confidence that the safety when preparing and implementing an alcohol and other hazards posed by alcohol and other drugs are being drug program: monitored and controlled in an ongoing and rigorous (a) Taking measures to achieve a workplace culture fashion. that supports fitness for work,

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(b) Reducing the effects in the workplace of the personnel management, good employment consumption or use of alcohol and other drugs practices, improved working conditions and the including risks to safety and absenteeism, proper arrangement of work, (c) Informing transport safety employees of the (b) Measures to prohibit or restrict the availability of potential work related problems that may arise alcohol and other drugs in the workplace, from the consumption or use of alcohol and other (c) Prevention of alcohol and other drug related drugs and of their responsibilities in relation to problems in the workplace through information, safety, conduct and performance, education, training and other means. Guideline (d) Establishing a system to maintain the 6.1 contains some matters that the program should confidentiality of all information communicated include, to them concerning alcohol and other drug related (d) Identification, assessment and referral of those problems, who have alcohol or other drug related (e) Providing information to transport safety problems, employees about referral to counselling, treatment (e) Measures relating to intervention and the treatment and rehabilitation services where this is and rehabilitation of individuals with alcohol or appropriate. other drug related problems, (f) Rules governing conduct in the workplace relating 6.0 RESPONSIBILITIES TO BE REQUIRED to alcohol and other drugs, the violation of which OF TRANSPORT SAFETY EMPLOYEES BY could result in the invoking of disciplinary and or OPERATORS criminal proceedings. 6.1 The training and assessment component of an operator’s program shall involve the operator making Alcohol and other drug testing transport safety employees aware of their responsibility 7.3 An operator shall satisfy itself that it has adequate for: arrangements in place for the testing of the transport (a) Ensuring that they do not, by the consumption of safety employees under its control. alcohol and other drugs, endanger their own safety or the safety of any other person in the workplace 7.4 The pro-active management of risk may involve the or a member of the public, targeted or random testing of transport safety (b) Attending and resuming work not under the employees. Whenever targeted or random testing is influence of alcohol or other drugs, mplemented, the operator’s program shall require hat: (c) Notifying their manager or supervisor if they are aware that their work performance or conduct (a) Targeted testing be conducted in a manner that could be adversely affected or if there is a risk to maximises its effectiveness as a control for the the safety of themselves or other persons as a result risks posed by the consumption of alcohol or other of a prescribed or non-prescribed drug, drugs, (d) Consulting with their manager, supervisor, union (b) Random testing be conducted in a manner that or occupational health and safety representative maximises its effectiveness as a control for the if they are concerned about other transport safety risks posed by the consumption of alcohol or other employees because of a perceived safety risk, drugs. Measures to achieve this end may include, (e) Following the operator’s directives and rules applicable to alcohol and other drugs in the (i) The conduct of random tests on a pre and post workplace and also in respect of rehabilitation sign-on basis for all persons engaged in programs endorsed by the operator. transport safety work without the giving of prior notification for such testing, 7.0 ELEMENTS OF AN ALCOHOL AND OTHER (ii) The conduct of random tests according to DRUG PROGRAM the provisions of the Passenger Transport (Drug and Alcohol Testing) Regulation As a minimum, the program shall consist of the 2004 or the provisions of a registered following elements: industrial agreement, An alcohol and other drug policy (iii) Administering of random urine tests 7.1 A policy that outlines the operator’s aims in relation to according to AS/NZS4308:2001: Procedures alcohol and other drug use with the objectives linked to for the collection, detection and quantitation the reduction of hazards and risks associated with of drugs of abuse in urine. The Australian Standard sets out the procedures for the alcohol and other drug use. The policy may also detail sample collection and detection and the ‘supporting measures’ including strategies and quantitation of drugs of abuse in human action plans to meet the objectives. urine. The method may be used for workplace detection of any or all of the following classes ‘Supporting measures’ of drugs: opiates, sympathomimetic amines, 7.2 The ‘supporting measures’ for an alcohol and other cannabis metabolites, cocaine metabolites or drugs program shall include information and benzodiazepines, procedures on the: (c) Periodic assessments by an operator of the (a) Measures to reduce alcohol and other drug related effectiveness of its drug and alcohol testing problems in the workplace through prope according to accepted risk management principles.

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Disciplinary action, fair procedures, education and National Governments assistance The following publish a wide range of investigation, 7.5 An alcohol and other drug program must clearly set policy and research papers on human factor related out the: risks like drugs and alcohol: (a) Sanctions applicable in the event of breaches • Australian Transport Safety Bureau: of its requirements. This would include sanctions www.atsb.gov.au consequent upon a first breach of the program or where a transport safety employee refuses or • National Transport Commission (formerly the fails to fully comply with the terms of a National Road Transport Commission): rehabilitation program agreed with the operator, www.ntc.gov.au (b) Rules governing the application of the • National Transportation Safety Board of the United sanctions, including grievance resolution and States: appeal mechanisms, www.ntsb.gov (c) Protocols for fair procedures agreed with transport • National Aeronautics and Space Administration of safety employees and their representatives, the United States: (d) Education and assistance available to a transport www.nasa.gov safety employee who self identifies as someone • Transport Canada: whose consumption of alcohol or other drugs could www.tc.gc.ca impair his or her ability to safely undertake transport safety work, State Governments (e) Protocols for fair procedures, education and • New South Wales Independent Transport Safety and assistance available to a transport safety employee Reliability Regulator: who tests positive for the presence of a drug www.transportregulator.nsw.gov.au where: (i) The drug has been prescribed by a medical Peak union organisations practitioner for the person or purchased by • The New South Wales Labor Council publishes the person in respect of an identified medical detailed fact sheets and policies to assist employers condition, and and employees in the workplace. These have (ii) The person has taken the medication according been developed with the assistance of various NSW to the instructions of the medical practitioner Government agencies. or the instructions given on the label of the The Labor Council Policy on Managing Alcohol, medication, and Other Drugs and Fatigue in the Workplace (iii) The person taking the medication gave full for Employees covered by the Rail Safety and and timely warning to his or her supervisor of Passenger Transport Acts has been endorsed by this, and the Independent Transport Safety and Reliability Regulator as a compliant policy for the purposes of (iv) The person was rostered for duty when testing these Guidelines. took place. For fact sheets: www.unionsafe.labor.net.au/ 8.0 PERFORMANCE MILESTONES safety_reps/ 8.1 Where full and immediate compliance with the duty For policies: www.unionsafe.labor.net.au/ imposed by these Guidelines is impossible because officials/index of real resource constraints, an operator may nominate performance milestones it must achieve over Peak industry associations time and request the accrediting body’s endorsement of • New South Wales Minerals Council: such an arrangement. The operator is taken to have www.nswmin.com.au complied with the duty imposed by these Guidelines • Charter Vessels Association: if it complies with the endorsed performance www.chartervessels.com.au milestones. Telephone (02) 9 968 1184 9.0 SOURCES OF INFORMATION ON DRUG AND Research bodies ALCOHOL MANAGEMENT • Centre for Sleep Research, University of South 9.1 There are a number of sources from which information Australia: on managing drug and alcohol related problems and www.unisa.edu.au/sleep/ risks can be obtained. These include: • Injury Risk Management Research Centre, United Nations University of New South Wales: • The International Labour Organisation offers www.irmrc.unsw.edu.au extensive resources designed to assist governments, • Minerals Industry Safety & Health Centre, employers and employees in the management of University of Queensland: workplace-related risks. Reference should be made www.mishc.uq.edu.au to the 1995 Code of Practice entitled, ‘Management of • Sleep Health & Respiratory Support Clinic, Royal Alcohol and Drug Related Issues in the Prince Alfred Hospital: Workplace’: www.rpasleep.org.au or www.ilo.org www.sleepsydney.org

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• Karolinska Institutet in Sweden: (c) medical services identified in the AMA List www.info.ki.se by AMA numbers OP200, OP210 and OP220 • Institut National de Recherche et de Securite (INRS) (magnetic resonance imaging – MRI). in France: (2) Subject to subclause (1), the maximum amount for www.inrs.fr which an employer is liable under the Act for any • Division of Sleep Medicine, University of claim for medical or related treatment to which Pennsylvania: this clause applies is the fee listed, in respect of the medical or related treatment concerned, in the www.uphs.upenn.edu/sleepctr/divisionofsleep AMA List. • American Academy of Sleep Medicine: www.aasmnet.org/ 5. Goods and Services Tax • Human Psychopharmacology Research Unit (1) An amount fixed by this Order may be increased University of Surrey, UK: by the amount of any GST payable in respect of www.surrey.ac.uk/departments/ the service to which the cost relates, and the cost so increased is taken to be the amount fixed by this JOHN LEE, Order. Director-General (2) This clause does not permit a medical practitioner Ministry of Transport to charge or recover, in respect of GST payable in respect of a service, an amount that is greater WORKERS COMPENSATION (MEDICAL than: PRACTITIONER FEES) (a) 10% of the maximum amount payable under this Order to the medical practitioner in ORDER 2004 No 1 respect of the medical or related treatment Under the Workers Compensation Act 1987 apart from this clause, or (b) the amount permitted under the New Tax I, JON BLACKWELL, Chief Executive Officer of the System Price Exploitation Law, whichever is WorkCover Authority of New South Wales, pursuant to the lesser. section 61 (2) of the Workers Compensation Act 1987, make the following Order. 6. Definitions Dated this 17th day of March 2004. In this Order: AMA List means the document entitled List of Medical JON BLACKWELL, Services and Fees published by the Australian Medical Chief Executive Officer Association and dated 1 November 2003. WorkCover Authority the Act means the Workers Compensation Act 1987. Workers Compensation (Medical Practitioner Fees) Order GST has the same meaning as in the A New Tax System 2004 No 1 (Goods and Services Tax) Act 1999 of the Commonwealth. 1. Name of Order New Tax System Price Exploitation Law means: This Order is the Workers Compensation (Medical (a) the New Tax System Price Exploitation Code as Practitioner Fees) Order 2004 No 1. applied as a law of New South Wales by the Price Exploitation Code (New South Wales) Act 1999; 2. Commencement and This Order commences on the date of its publication (b) Part VB of the Trade Practices Act 1974 of the in the Gazette. Commonwealth. Specialist surgeon means a medical practitioner who holds 3. Application of Order a fellowship of the Royal Australian College of Surgeons. This Order applies to treatment provided on or after the commencement of this Order, whether it relates to EXPLANATORY NOTE an injury received before, on or after that date. 4. Maximum fees for medical practitioners Treatment by a registered medical practitioner is one of the categories of medical or related treatment covered under (1) This clause applies to medical and related treatment the Workers Compensation Act 1987. This Order sets the provided by a medical practitioner in respect of maximum fees that certain registered medical practitioners which a fee is specified in the AMA List, except: can recover under the Act from an employer or the employer’s workers compensation employer for treatment of a worker’s (a) medical services identified in the AMA List work-related injury. by AMA numbers AC500, AC510, AC520 and AC530 (Professional Attendances by The effect of the Order is to prevent medical practitioners a Specialist) if these medical services are from recovering from the injured worker any extra charge provided by a specialist surgeon; for treatments covered by the Order. (b) medical services identified in the AMA List The Order does not apply to services provided by specialist by AMA numbers EA010 to MZ500 (Surgical surgeons, or for magnetic resonance imaging. Operations) if these medical services are The Order adopts the List of Medical Services and Fees provided by a specialist surgeon; published by the Australian Medical Association.

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DISTRICT COURT RULES 1973

FORMS

IN pursuance of Part 47 rule 2(2) of the District Court Rules 1973, I have amended the following forms for use in the Court.

Dated: 11th March 2004 The Hon Justice R. O. BLANCH, Chief Judge of the District Court

Form 146 – Election Under Section 32(1) of the Criminal Procedure Act 1986 Omit “Section 32(1)”where appearing in the heading and replace with “Section 132(1)”. Form 147 – Election Under Section 32(5) of the Criminal Procedure Act 1986 Omit “Section 32(5)” where appearing in the heading and replace with “Section 132(5)”.

DISTRICT COURT RULES 1973

FORMS

IN pursuance of Part 47 rule 2(2) of the District Court Rules 1973, I have approved the following form for use in the Court.

Dated: 11th March 2004

The Hon Justice R. O. BLANCH, Chief Judge of the District Court

Form 151 – Application For Medical Panel – Boilermakers Deafness

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Form 151

IN THE DISTRICT COURT OF NEW SOUTH WALES

APPLICATION FOR MEDICAL PANEL - BOILERMAKERS DEAFNESS

In the matter of the Workplace Injury Management and Workers Compensation Act 1998

______Worker,

and

______Employer.

Application is hereby made for referral of a medical dispute to a Medical Referee or Medical Panel as to the following questions, making the necessary calculations in accordance with N.A.L. procedure table dated 31 October 1974 and the supplement thereto dated 21 July 1975 -

(a) Has the worker total or partial loss of hearing of either ear due to boilermaker’s deafness or any deafness of the like origin? (b) If so, what percentage diminution of hearing of each ear does such hearing loss constitute -

(i) Without making any deduction therefrom in respect of presbycusis? (ii) After deduction, in the case of partial deafness of an ear, of an allowance under section 70 of the 1987 Act in respect of presbycusis of one-half decibel for each complete year of the worker’s age in excess of 50 years?

(c) (i) Does the worker suffer from any loss of hearing of either ear due to some conditions other than the condition known as boilermaker’s deafness or any deafness of the like origin? (ii) What is the nature of that condition or those conditions? (iii) What percentage diminution of hearing of each ear is constituted by such condition or conditions?

A copy of a medical practitioner’s report of the examination of the applicant relevant to the medical dispute is attached.

The particulars herein are declared to be correct.

Dated:

Signed: Worker/Employer/Insurer/Worker’s Solicitor/Insurer’s Solicitor (delete whichever is inapplicable)

NOTE: The role of a Medical Panel is to act in accordance with legislative requirements and not to provide medical advice or treatment.

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Particulars

1. (a) Worker’s surname and given names: (a)

(b) Street address, suburb and State: (b)

(d) Male/Female : (d)

(e) Workers’ telephone number : (e) Home: Work : (f) Workers’ Solicitors (if applicable): (f)

(g) Solicitors’ Address: (g)

(h) Solicitors’ telephone number: (h)

2. (a) Name and place of business of (a) employer: (b) (b) Nature of business of employer: (c) (c) Employer’s telephone number:

3. Date when claim for compensation was made upon the employer:

4. (a) Name and address of insurer of (a) employer:

(b) Insurer’s telephone number: (b)

(d) Solicitor’s address: (d)

(e) Solicitor’s telephone number: (e)

5. (a) Has the medical practitioner’s report (a) (of which a copy is attached) of the examination of the applicant relevant to the medical dispute been furnished to the other party? (b) (b) Was the report furnished to that party within 30 days of being received from the medical practitioner? (c)

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(c) If it was not so furnished within that time, what circumstances are submitted under section 122(4) of the 1998 Act as justifying referral of the dispute to a medical panel?

6. (a) State the names and addresses of all (a) medical practitioners who have treated or examined the worker in respect of the injury: (b) (b) Has the worker received medical treatment for any condition of either ear or for any loss of hearing?

7. (a) Is the worker fit to travel? (a)

(b) If not, give details: (b)

8. (a) Has the worker been examined at (a) anytime by a Medical Referee or Panel pursuant to the 1987 or 1998 Act or by a Medical Board pursuant to the 1926 Act in respect of loss of hearing?

(b) If yes, give Medical Panel or Board (b) reference number:

9. (a) Have any proceedings in respect of (a) compensation been taken in relation to this or any earlier loss of hearing suffered by the worker?

(b) If yes, give Court reference number: (b)

10.a) Does the worker require the (a) services of interpreter?

(b) If so, what is the worker’s preferred (b) language?

FURTHER PARTICULARS

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Department of Commerce

SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE

Information in relation to the Department of Commerce proposed, current and awarded tenders is available on:

http://www.tenders.nsw.gov.au

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 19 March 2004 PRIVATE ADVERTISEMENTS 1487 PRIVATE ADVERTISEMENTS

COUNCIL NOTICES GOSFORD CITY COUNCIL CAMPBELLTOWN CITY COUNCIL Roads Act 1993 Roads Act 1993, Section 16(2) PURSUANT to the Roads Act 1993, s.10 the land described in Schedule 1 is dedicated as public road. Authorised by Dedication of Land as Public Road Council 27 January 2004. P. Wilson, General Manager, Gosford City Council, PO Box 21, Gosford, NSW 2250. NOTICE is hereby given by the Council of the City of Campbelltown that, in pursuance of section 16(2) of the Schedule 1 Roads Act 1993, the land as described in the Schedule Lot 28, DP 1062623, being part of the land described in below is hereby dedicated as public road. Dated at Certificate of Title Volume 11668, Folio 94. [0181] Campbelltown on the 15 March 2004. P. F. TOSI, General Manager, Campbelltown City Council, PO Box 57, Campbelltown, NSW 2560. NEWCASTLE CITY COUNCIL Schedule Roads Act 1993, Section 10(1) Part of land in Certificate of Title Vol. 772, Folio 174, Notice of Dedication of Land as Public Road at in the names of Henry Lytton Bulwer, Malcolm Samuel Carrington in the Newcastle City Council Area Deakin and Alfred Rolph Gregory comprising the sites shown in DP 1661 as Henry and Ralph Streets between THE Newcastle City Council in accordance with the Railway and Station Street, Gordon Street between Railway resolution of Council, Item No. 18 of 24 October 2000, Street and Main Government Road (now Eagleview Road), dedicates the land described in the Schedule below as the part of the aforesaid Station Street between the south public road under the Roads Act 1993. JANET DORE, eastern corner of Lot 111, DP 884403 and Eagleview General Manager, Newcastle City Council, PO Box 489, Road, Elizabeth Street between the southern boundary of Newcastle, NSW 2300. Lot 3, DP 242806 and Eagleview Road, Elizabeth Street northerly of Alfred Street, the aforesaid Alfred Street Schedule between Longhurst Road and Eagleveiw Road, Josephine All of the parcel of land situated in the Newcastle City Street between the northern boundary of Lot 1, DP 837910 Council area at Carrington, Parish of Newcastle, County to Fenton Crescent excluding Lot 37, DP 774373, the part of Northumberland, shown as Lot 3, Deposited Plan of the aforesaid Railway Street between Lots 1 and 2, DP 1027709. [0173] 837910 and the part of Pauline Street, the title of which is obscure since the grant to William Redfern in 1811, as delineated in DP 721514 extending southerly from the PARRAMATTA CITY COUNCIL north western corner of Lot 133 in DP 721514 to Stafford Street (also known as Railway Street in DP 1661). [0176] Local Government Act 1993, Section 644A Establishment of Alcohol Free Zone CLARENCE VALLEY COUNCIL THE Parramatta City Council at its meeting on 23 February 2004, resolved to establish an Alcohol Free Zone pursuant Local Government Act 1993 to the provisions of the Local Government Act 1993, Land Acquisition (Just Terms Compensation) Act 1991 section 644(B), for a period of three (3) years effective from 23 February 2004, in the following area: Notice of Compulsory Acquisition of Easement Over Land Alcohol Free Zone Wentworth Avenue, Pendle Hill, extending from the west THE Clarence Valley Council declares, with the approval of boundary to east boundary of 223 Wentworth Avenue, Her Excellency the Governor, that the easement for a levee Pendle Hill. GENERAL MANAGER, Parramatta City over land described in the Schedule below, is acquired Council, PO Box 32, Parramatta, NSW 2124. [0174] by compulsory process in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. Dated at Grafton, this 4th day of March 2004. KEN PORT STEPHENS COUNCIL BOYLE, General Manager, Clarence Valley Council, PO Box 436, Grafton, NSW 2460. Roads Act 1993, Section 162 (1) Schedule Naming of a Public Road Easement for levee variable width over Lot 449, DP NOTICE is hereby given that pursuant to section 162(1), 727424 and Lot 356, DP 751385. [0177] Roads Act 1993, Council has named the roads described below in Schedules 1 and 2. Council File E5645-001, contact Cliff Johnson, telephone (02) 4980 0265. P. GESLING, General Manager, PO Box 42, Raymond Terrace, NSW 2324.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1488 PRIVATE ADVERTISEMENTS 19 March 2004 19 March 2004 PRIVATE ADVERTISEMENTS 1489

Schedule 1 SINGLETON COUNCIL Previous Name/Description New Name Roads Act 1993 and Roads (General) Regulation 2000 Ridgeway Close, road easterly Manton Close. Naming of Road from Mustons Road, Karuah and sign posted as Manton Close. NOTICE is hereby given that Singleton Council, in pursuance of section 162 of the Roads Act 1993 and the Manton Close, road easterly from Ridgeway Close. Roads (General) Regulation 2000, has named the following Mustons Road, Karuah and roads: signposted as Ridgeway Close. Location of Roads Named This notice issued with the authority of the Karuah Local Maison Dieu Industrial Estate. Enterprise Crescent. Aboriginal Land Council. Magpie Street. Schedule 2 Cockatoo Street. Rosella Street. Previous Name/Description New Name Unknown, a public lane in Hunter Lane. Authorised by resolution of the Council on 1 December DP 11268 from the eastern end 2003 and 1 March 2004. S. McGRATH, General Manager, of Lawson Street, northerly to Civic Centre, Queen Street, Singleton, NSW 2330. [0175] Austral Street at Nelson Bay. [0178]

PORT STEPHENS COUNCIL Roads Act 1993 NOTICE is hereby given that pursuant to section 10, Road Act 1993, council hereby dedicates as public road, the Council owned lands set out in the Schedule below. Council resolution 531, dated 16 December 2003. Dated at Raymond Terrace this 19 March 2004. P. GESLING, General Manger, Port Stephens Council, PO Box 42, Raymond Terrace, NSW 2324. Council File: 5425-001. Schedule Lot 1, DP 823750 (pathway); Lot 1, DP 526069; Lot 1, DP 162605; Pt Lot 1, DP 19120 (being land in Vol. 6835, Fol. 249). [0178]

CONARGO SHIRE COUNCIL Local Government Act 1993, Section 713 Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder that the Council of Conargo has resolved in pursuance of section 713 of the Local Government Act 1993, to sell the land described hereunder of which the persons named appear to be the owners or in which they appear to have an interest and on which the amount of rates stated in each case, as at 31 August 2003. Owner or person Description of Land Amount of Amount of Total having an interest Rates (including all other in the land extra charges) Rates (including overdue for extra charges) more than due and in 5 years arrears (a) (b) (c) (d) (e) $ $ $ A N BOURCHIER Lots 1 and 3, DP 234270; 17,464.81 17,464.81 Part Lot 44 and 46, DP 756251 and Lot 49, DP 756251, Parish of Blackwood In default of payment to the Council of the amount stated in column (e) above and any other rates (including extra charges) becoming due and payable after publication of this notice, or an arrangement satisfactory to the Council for payment of all such rates being entered into by the rateable person, before the time fixed for the sale, the said land will be offered separately for sale by public auction at the Council Chambers, Pretty Pine Recreation Reserve, Pretty Pine, NSW 2710, on Thursday, 24 June 2004, at 10:00 a.m. PETER J. JORGENSEN, General Manager, 122 End Street, Deniliquin, NSW 2710. [0180]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1488 PRIVATE ADVERTISEMENTS 19 March 2004 19 March 2004 PRIVATE ADVERTISEMENTS 1489

COOLAH SHIRE COUNCIL Local Government Act 1993 Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder, that the Council of the Shire of Coolah has resolved, in pursuance of section 713 of the Local Government Act 1993, to sell the land described hereunder of which the persons named appear to be the owners, or in which they appear to have an interest, and on which the amount of rates stated in each case, as at the 1st March 2004, is due. Owner or persons Description of Land Amount of Amount of Total having an interest Rates (including all other in the land extra charges) Rates (including overdue for extra charges) more than due and in 5 years arrears $ $ $ I. M. TATTERSALL, PH Coolah, Lot 2, DP 347975, 9732.88 9732.88 c.o. P. Rawlinson, Area: .08400 hectares. Coolah Valley Hotel, Coolah, NSW 2843. In respect of each parcel of land, if all rates and charges payable are not paid to Council, or any arrangement satisfactory to Council is not entered into by the rateable persons before the time fixed for the sale, then Council will proceed with the sale. The said land will be offered for sale at a public auction to be held at the Coolah Shire Council Chambers, commencing at 10:30 a.m., on Saturday, 12 June 2004. RAY KENT, General Manager, Coolah Shire Council, PO Box 120, Coolah, NSW 2843. [0165]

RYLSTONE SHIRE COUNCIL Local Government Act 1993 Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder that the Council of the Shire of Rylstone has resolved in accordance with sections 713 to 726 of the Local Government Act 1993, to sell the land described of which the persons named appear to be the owners or in which they appear to have an interest and of which the amount of rates and charges stated as at 23 February 2004, are overdue. Owner Description of Land Amount of Amount of Total Rates (including all other Rates extra charges) (including extra overdue charges) due and in arrears (a) (b) (c) (d) (e) $ $ $ Mr W. T. RADBURN 89 Angus Avenue, Kandos, 1704.41 8386.03 10090.44 Lot 16, DP 8161, section 11 Mr T. R. LINDSEY Beaumont Street, Glen Alice, 30.80 1481.98 1512.78 Lot 2, section 2 DP 758445 In default of payment to the Council of the amount stated in column (e) above, together with any other rates (including extra charges) becoming due and payable after the publication of this notice, the said land will be offered for sale by public auction at the Rylstone Memorial Hall, Louee Street, Rylstone, on Saturday, 19 June 2004, at 10: a.m. K. MORRISSEY, Acting General Manager, Rylstone Shire Council, Locked Bag 2001, Kandos, NSW 2848. [0182]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 1490 PRIVATE ADVERTISEMENTS 19 March 2004

ESTATE NOTICES has notice. Probate was granted in New South Wales on 1 March 2004. PENINSULA LAW, Solicitors, 103-105 NOTICE of intended distribution of estate.—Any person Blackwall Road (PO Box 162), Woy Woy, NSW 2256 having any claim upon the estate of DAVID JOHN DUNK, (DX8806, Woy Woy), tel.: (02) 4342 1277. Reference: late of Malua Bay, in the State of New South Wales, who JDT:JL:6693. [0186] died on 2 January 2003, must send particulars of his claim to the executrix, Susan Voysey, c.o. Newnhams, Solicitors, 122 Castlereagh Street, Sydney, NSW 2000, within one COMPANY NOTICES (1) calendar month from publication of this notice. After that time the executrix may distribute the assets of the NOTICE of winding up order.—STRATA PLAN NO. 14892 estate having regard only to the claims of which at the (in liquidation).—Termination of Strata Scheme relative to time of distribution she has notice. Probate was granted property at 95 Cammeray Road, Cammeray, in the State in New South Wales on 1 March 2004. NEWNHAMS, of New South Wales. Strata Plan No. 14892: 1. On 26 Solicitors, 7th Floor, Highmount House, 122 Castlereagh February 2004, an order was made by the Supreme Court Street, Sydney, NSW 2000 (DX665, Sydney), tel.: (02) of New South Wales terminating the above strata scheme 9264 7788. Reference: BLM:MLH 4840. [0183] and for the winding up of the Owners Corporation. 2. Any person having a claim against the Owners Corporation is required on or before 30 March 2004, to send particulars NOTICE of intended distribution of estate.—Any person of the claim and of any security held to the liquidator, having any claim upon the estate of CARLTON EDWARD Scott Darren Pascoe of SimsPartners, Level 24, Australia MEARS, late of 30 Dunban Avenue, Woy Woy, in the State Square, 264 George Street, Sydney, NSW 2000. Dated of New South Wales, retired, who died on 21 December this 18th day of March 2004. SCOTT PASCOE, Official 2003, must send particulars of his claim to the executor, Liquidator, c.o. SimsPartners, Chartered Accountants, Robert James Mears, c.o. Gary Cleary & Associates, Level 24, Australia Square, 264 George Street, Sydney, Solicitors, 9 Broken Bay Road, Ettalong Beach, NSW NSW 2000, tel.: (02) 9241 3422. [0187] 2257, within one (1) calendar month from publication of this notice. After that time the executor may distribute the assets of the estate having regard only to the claims of NOTICE of final meeting.—DIGITAL FOUNTAIN which at the time of distribution he has notice. Probate AUSTRALIA PTY LIMITED (in liquidation).—Notice was granted in New South Wales on 3 March 2004. GARY is hereby given that a final meeting of the abovenamed CLEARY & ASSOCIATES, Solicitors, 9 Broken Bay Road company will be held at Suite 1, Level 2, 1 York Street, (PO Box 273), Ettalong Beach, NSW 2257 (DX7279, Sydney, at 10:30 a.m., on 19 March 2004. The object of Gosford), tel.: (02) 4344 1966. [0184] the meeting is to present accounts in relation to the fully winding up affairs of the company and the final report on liquidation. MITCHELL & PARTNERS, Chartered NOTICE of intended distribution of estate.—Any person Accountants, Suite 1, Level 2, 1 York Street, Sydney, having any claim upon the estate of PEGGIE THERESA NSW 2000, tel.: (02) 9251 3838. [0188] JONES, late of 242 Galston Road, Hornsby Heights, in the State of New South Wales, home duties, who died on 21 March 2003, must send particulars of his/her claim NOTICE of voluntary winding up.—NRP EMPLOYEE to the executrix, Lynne Margaret Jones, c.o. Collins & SHARE PLAN PTY LIMITED, ACN 083 149 482 (in Thompson, Solicitors, 8 Coronation Street, Hornsby, NSW voluntary liquidation).—At a general meeting of the 2077, within one (1) calendar month from publication of abovementioned company duly convened and held at Level this notice. After that time the assets of the estate may 5, 14 Martin Place, Sydney, NSW 2000, on 11 March be conveyed and distributed having regard only to the 2004, the following resolutions was passed: 1. Special claims of which at the time of distribution the executrix Resolution: “that the company be wound up voluntarily”. has notice. Probate was granted in New South Wales on 2. “That Stephen Humphrys, who has consented to act, be 26 February 2004. COLLINS & THOMPSON, Solicitors, appointed liquidator of the company”. C. S. McCullagh, 8 Coronation Street, Hornsby, NSW 2077 (PO Box 455, Director. S. B. HUMPHRYS, Liquidator, c.o. Moore Hornsby 1630), (DX9691, Hornsby), tel.: (02) 9476 2788. Stephens Wi, Chartered Accountants, CML Building, Reference: DJT:JC:KB:86013. [0185] Level 5, 14 Martin Place, Sydney, NSW 2000, tel.: (02) 9229 7999. [0189] NOTICE of intended distribution of estate.—Any person having any claim upon the estate of MAVIS RITA NOTICE of final meeting.—AUSTRALIAN INDEX PRIMMER, late of Umina, in the State of New South MONEY MANAGERS LTD, ACN 003 179 762 (in Wales, home duties, who died on 7 January 2004, must voluntary liquidation).—Notice is hereby given that a send particulars of his claim to the executor, Peter general meeting of the members of the company will be Clarence Primmer, c.o. Peninsula Law, Solicitors, 103-105 held at 9:15 a.m., on Friday, 9 April 2004, at Level 5, Blackwall Road, Woy Woy, NSW 2256, or their agents 14 Martin Place, Sydney, NSW 2000. Agenda: To hold Turner Whelan, Solicitors, Level 2, 162 Goulburn Street, the final meeting of the company and receive an account Sydney, NSW 2000, within one (1) calendar month from of how the winding up has been conducted. Dated this publication of this notice. After that time the assets of 9th day of March 2004. By Order of the Board. S. the estate may be conveyed and distributed having regard B. HUMPHRYS, Liquidator, c.o. Moore Stephens Wi, only to the claims of which at the time of distribution he Chartered Accountants, CML Building, Level 5, 14 Martin Place, Sydney, NSW 2000, tel.: (02) 9229 7999. [0190]

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 58